Remedies

    Cards (6)

    • Purpose of remedies
      general purpose is to restore as much as possible the party who has suffered loss or injury to the position they where in prior to the loss or injury occurred
    • Damages
      is an amount of money to be paid by the defendant to the plaintiff, in satisfaction of a claim made by the plaintiff. there are specific damages, general, aggravated
    • specific damages
      awared for injury for items that can be calculated objectively and exactly for things such as loss of wages, medical expenses, hospital expenses etc
    • general damages
      awarded to compensate the plaintiff for pain and suffering example loss of time and reputation
    • aggravated damages
      these are awarded to compensate the plaintiff for further of they believe conduct has caused humiliation and insult example additional resources harm and distress
    • Factors to consider effectivness
      - type of loss suffered
      -plaintiff suffered significant physical injury or irreparable damage
      -has there been loss of life
      -how accurate is estimate for future loss
      -is there another remedy thats better
      -what about compensation of time stress inconvenience
      -does defendant have the capacity to pay
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