6: Types of civil remedies and their effectiveness Flashcards Preview

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Flashcards in 6: Types of civil remedies and their effectiveness Deck (12)
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1

Purpose of civil remedies:

The aim of civil remedies is to restore the injured party (plaintiff) to the position they were in before the wrong occurred

2

Damages:

A type of civil remedy involving an amount of money being paid to the plaintiff by the defendant, to generally compensate them for injury, impairment or damage suffered.

3

Specific damages:

Can be stated as exact amounts e.g. medical bills

4

General Damages:

Estimated by the court for things like pain, inconvience

5

Injunction:

A type of civil remedy, being a court order requiring a party to either undertake or refrain from undertaking a certain action. Injunction can only be granted by the Supreme or County Courts.

6

Mandatory injunction:

Compels some to do something

7

Restrictive injunction:

Restrains someone from doing something.

8

Damages effectiveness strength:

Damages is effective when the loss suffered was an economic loss.

9

Damages effectiveness weakness 1:

Damages cannot 'restore the plaintiff' to their original position if the plaintiff has suffered loss or injuries other than pure economic loss.

10

Damages effectiveness weakness 2:

Damages also do not compensate for the time, inconvenience,stress and cost of having to take a matter to court.

11

Injunction effectiveness strength:

Mandatory and restrictive in certain circumstances can effectively prevent future damage to the plaintiff's reputation.

12

Injunction effectiveness weakness:

Injunction will not compensate the plaintiff for any loss already suffered.

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