Damages (VCE SSCE Legal Studies): Flashcards
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Damages
Damages
Monetary compensation ordered by court to plaintiff
Fundamental principle of damages
Fundamental principle of damages
Restorative - return to pre-wrong position
Four main categories of damages
Four main categories of damages
Compensatory, exemplary, nominal, contemptuous
Special damages
Special damages
Compensate precisely calculable financial losses
General damages
General damages
Compensate non-quantifiable losses (pain, loss of amenity)
Aggravated damages
Aggravated damages
When conduct caused extreme humiliation/embarrassment
Exemplary damages purpose
Exemplary damages purpose
Punish defendant & deter similar future conduct
Exemplary damages in defamation
Exemplary damages in defamation
Cannot be awarded
Nominal damages
Nominal damages
Small sum - rights infringed but no substantial loss
Contemptuous damages
Contemptuous damages
Smallest award - legal but no moral entitlement
