Remedies

Cards (12)

  • The two types of remedies in a civil case that can be awarded to a plaintiff are damages and injuctions
  • Damages is the monetary compensation given by the defendant to the plaintiff as reparation for an injury or loss suffered.
  • Civil damages awarded can take the form of compensatory damages, nominal damages, exemplary damages, or contemptuous damages
  • Compensatory Damages - The amount of money paid by the defendant to the plaintiff to restore him/her to his/her original position prior to the wrongful act committed by the defendant.
  • Nominal Damages - An insignificant sum of money awarded to the plaintiff when he/she has been injured but not sufficiently so as to warrant the awarding of actual damages.
  • Exemplary Damages - Also known as punitive damages, it is imposed on the defendant as punishment for committing a malicious or oppressive act against the plaintiff.
  • Contemptuous Damages - It is also called moral damages. This type of damage is awarded to the plaintiff because of the mental suffering caused by the defendant's unlawful acts.
  • The three types of compensatory damages include specific, general, and aggravated damages
  • Specific Damages - These are those that may be easily calculated with certainty such as loss of profits, medical expenses, etc.
  • Aggravated Damages - These refer to additional damages arising from an injury already suffered due to the negligence of another person.
  • General Damages - These are those which cannot be exactly computed like pain and suffering, emotional distress, inconvenience, humiliation, etc.
  • The purpose of remedies are to restore the plaintiff to their original position or as close to as possible