remedies

    Cards (16)

    • define
      • solution to the legal problem
    • damages
      aim to put injured party back in position they would have been had the tort not been commited
      • general
      • special
      • nominal
      • contemptuous
      • aggravated
      • exemplary
    • general damages
      cannot be calculated before the trial so the court calculate them e.g loss of future earnings
    • special damages
      can be calculated at the time of trial e.g loss of earnings
    • nominal damages
      when there has been little or no harm so court wishes a very small amount as does not require proof of damage
    • contemptuous damages
      when level of harm has been low and court believes an action should not have been taken so can be as low as one pence
    • aggravated damages
      • awarded over and above that needed to put the claimant back in the position they would have been
      • additional money as the initial harm was made worse due to an aggravating factor
    • exemplary damages
      • purpose is to punish the defendant
      • only awarded in 3 circumstances
      • depressive, arbitrary or unconstitutional action by servants of the gov
      • where d's conduct was calculated to make a profit
      • where statute authorises
    • injunctions
      • court order that requires the defendant to behave in a certain way
      • prohibitory or mandatory injunctions
    • prohibitory injunctions
      • instruct the defendant to not behave in a certain way to stop them committing the tort
    • mandatory injunctions
      • instruct the defendant to take an action to rectify the situation created by the tort
      • rarely granted
      • special conditions e.g redland bricks ltd v morris
    • quia timet injunction
      • obtained prior to the commission of a tort
      • "because he fears"
      • fletcher v bailey
    • interim or interlocutory injunction
      • once an action has begun but before the main court hearing
      • conditions e.g american cyanamid v ethicon
      • must be a serious issue to be tried and balance of convenience must favour granting of the injunction
    • injunctions as an equitable remedy
      • one who seeks equity must do equity
      • equity does nothing in vain
      • delay defeats equity
    • pecuniary damages
      • future loss of earnings
    • non-pecuniary damages
      • pain and suffering
      • loss of amenity
      • damages for the injury itself