Damages (VCE SSCE Legal Studies): Flashcards

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Damages
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Damages

Monetary compensation ordered by court to plaintiff

Fundamental principle of damages

Restorative - return to pre-wrong position

Four main categories of damages

Compensatory, exemplary, nominal, contemptuous

Special damages

Compensate precisely calculable financial losses

General damages

Compensate non-quantifiable losses (pain, loss of amenity)

Aggravated damages

When conduct caused extreme humiliation/embarrassment

Exemplary damages purpose

Punish defendant & deter similar future conduct

Exemplary damages in defamation

Cannot be awarded

Nominal damages

Small sum - rights infringed but no substantial loss

Contemptuous damages

Smallest award - legal but no moral entitlement

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