remedies

• What is the main remedy for tort?

  Damages
• What is the aim of damages in tort?

  To restore the injured party's position
• What is an injunction?

  A court order to do or refrain from something
• In what cases are injunctions mostly used in tort?

  In cases of nuisance
• What is required from a claimant regarding mitigation of loss?

  To take reasonable steps to mitigate losses
• What happens if a captain refuses aid after a collision?

  He can only recover damages up to collision
• What are the six types of damages payable in tort?

  • General damages
  • Special damages
  • Nominal damages
  • Contemptuous damages
  • Aggravated damages
  • Exemplary damages
• What are general damages?

  Damages not calculable before trial
• What are special damages?

  Damages calculable at the time of trial
• When are nominal damages awarded?

  When little to no harm has occurred
• What are contemptuous damages?

  Damages awarded despite low harm level
• What are aggravated damages intended for?

  To compensate for worsened initial harm
• What are exemplary damages also known as?

  Punitive damages
• What is the purpose of exemplary damages?

  To punish the defendant for the tort
• What did Lord Devlin explain about exemplary damages?

  They differ from ordinary damages in purpose
• What are the three circumstances for imposing exemplary damages?

  Oppressive actions, profit motive, statute authorization
• What is a prohibitory injunction?

  It instructs the defendant to stop behavior
• What is a mandatory injunction?

  It instructs the defendant to take action
• For which torts are injunctions mostly used?

  Nuisance, trespass, and defamation
• What is a quia timet injunction?

  An injunction obtained before a tort occurs
• What must be proven for a quia timet injunction?

  Imminent and substantial potential damage
• What is an interim injunction?

  An injunction granted before the main hearing
• What conditions must be met for an interim injunction?

  Serious issue and balance of convenience
• What must a claimant undertake for an interim injunction?

  To pay damages for any loss sustained
• What is required for a final injunction?

  Damages must not be an adequate remedy
• What are the three maxims of equity regarding injunctions?

  • One who seeks equity must do equity
  • Equity does nothing in vain
  • Delay defeats equity
• Why are injunctions considered an equitable remedy?

  They are at the court's discretion
• How do the maxims of equity affect injunction awards?

  They determine when injunctions may not be granted