Remedies

    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
    • What is the definition of damages in tort law?
      Money paid to put the claimant back in the position they were in
    • What is an injunction?

      A court order to prevent someone from doing something
    • What are special damages?
      Damages capable of being calculated at the time of trial
    • What are general damages?
      Damages not capable of being calculated before the trial
    • 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.
    • What are aggravated damages?

      Damages awarded over and above those needed to put the claimant back in their position due to aggravating factors
    • What are exemplary damages?
      Punitive damages designed to punish the defendant for the tort
    • 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
    • What must a claimant prove to obtain a quia timet injunction?
      Imminent danger of a substantial kind
    • What is an interim injunction?

      An injunction granted once an action has begun but before the main court hearing
    • What is the balance of convenience in the context of injunctions?
      The balance must favour granting the injunction over not granting it
    • 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
    • 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
    • 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
    • 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
    • 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.
    See similar decks