Remedies

• Remedies


  Court orders to return the plaintiff to the position they were in before their rights were infringed, or to compensate the plaintiff for the infringement of their rights, or to prevent harm from occurring in the first place
• Key words


  • Remedy
  • Damages
  • Injunction
  • Compensation
  • Exemplary
  • Specific
  • General
  • Aggravated
• Types of damages


  • Compensatory
  • Non-compensatory
• Compensatory damages


  Intended to compensate the plaintiff for actual losses suffered as directly as possible, to make the injured party "whole" again from a financial perspective
• Non-compensatory damages


  Not intended to compensate the plaintiff but rather to punish the defendant and deter future similar conduct
• Types of Non-compensatory Damages


  • Nominal - small amount awarded when plaintiff is in the right, but limited harm/loss
  • Contemptuous - small amount awarded to mark the court's disapproval of the conduct of the plaintiff
  • Exemplary - Damages requested and/or awarded in a lawsuit when the defendant's willful acts were malicious, violent, oppressive, fraudulent, or grossly reckless
• Injunction


  A court order directing someone to stop doing a certain act, or compelling someone to do a certain act, to rectify a situation caused by the person who was found to be in the wrong
• Types of Injunctions


  • Restrictive/prohibitive - ordering a person to refrain from undertaking an action
  • Mandatory - ordering a person to do a particular act, such as performing their part of a contract they have breached
• If plaintiff has suffered physical injury which would require medical treatment and medical costs


  Specific damages can restore the plaintiff for the cost of that medical treatment as this figure can be accurately calculated - the plaintiff would not be 'out of pocket' for these expenses and therefore restoring them to the position they were in before the wrongdoing occurred
• Damages normally cannot 'restore the plaintiff' if the plaintiff has suffered loss or injuries other than pure economic loss


  Such as reputation, physical limbs, the loss of a loved one, mental anxiety or illness, therefore damages can only provide a sum that is considered to be compensation for the type of loss that is non-economic
• General damages


  Attempt to arrive at a monetary figure to compensate for non-quantifiable losses, such as pain and suffering or damage to reputation
• Damages do not compensate for the time, inconvenience, stress and cost of having to take a matter to court, therefore the plaintiff will normally have to seek additional orders for costs and interest, which even then may not fully compensate him or her
• Type Of Damages


  • S- Specific
  • G - general
  • A - aggravated