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Cards (17)
What are the different types of remedies available in tort law?
Damages
: Money paid to restore the claimant's
position
Injunction
: Court order to
prevent
someone from doing something
Remedy:
Award
given in a successful
tort
case
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What is the definition of damages in tort law?
Money
paid to put the claimant back in the
position
they were in
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What is an
injunction
?
A court order to
prevent
someone from doing something
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What are special damages?
Damages capable of being
calculated
at the time of
trial
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What are general damages?
Damages not
capable
of being
calculated
before the trial
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What are contemptuous and nominal damages?
Contemptuous
Damages: Awarded when the level of harm is low; can be as low as one
penny.
Nominal
Damages: Awarded for little or no harm; available for
torts actionable
per se.
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What are
aggravated damages
?
Damages awarded over and above those needed to put the claimant back in their position due to
aggravating factors
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What are exemplary damages?
Punitive
damages designed to punish the defendant for the
tort
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What is the legal principle from Rookes v Barnard regarding aggravated and exemplary damages?
The purpose of
aggravated
damages is to
compensate
, while exemplary damages are to punish
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What must a claimant prove to obtain a quia timet injunction?
Imminent
danger
of a
substantial
kind
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What is an
interim injunction
?
An injunction granted once an action has
begun
but before the
main
court hearing
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What is the balance of convenience in the context of injunctions?
The balance must favour
granting
the injunction over not
granting
it
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What are the three maxims of equity regarding injunctions?
1. One who seeks
equity
must do equity
2. Equity does
nothing
in vain
3.
Delay
defeats equity
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What does "one who seeks equity must do equity" mean in the context of injunctions?
Injunctions will not be
granted
if the claimant has acted
unfairly
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What does "equity does nothing in vain" imply for injunctions?
The court will not award an
injunction
if the defendant cannot
comply
with its terms
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What does "delay defeats equity" mean in the context of injunctions?
The court is unlikely to award an injunction where there has been an
unreasonable
delay in asking for
one
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What are the differences and similarities between damages and injunctions?
Differences:
Damages provide
monetary
compensation, while injunctions
prevent
actions.
Damages are typically awarded after a
trial
, while injunctions can be
granted
at any stage.
Similarities:
Both are legal
remedies
in
tort
law.
Both aim to address
harm
caused by a
tort.
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