Remedies (VCE SSCE Legal Studies): Flashcards

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Remedies
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Remedy in civil law

Legal mechanism courts use to address and rectify wrongs

Primary aim of civil remedies

Restoration to position before loss/injury occurred

Most common form of civil remedy

Damages (monetary payment to plaintiff)

Purpose of compensatory damages

Compensate plaintiff for harm, injury, or losses suffered

What special damages cover

Quantifiable losses: wages, medical/hospital expenses

What general damages compensate

Pain, suffering, and loss of enjoyment of life

When nominal damages are awarded

Rights violated but no substantial loss suffered

Purpose of exemplary damages

Punish defendant & deter others from similar conduct

Injunction

Court order requiring defendant to act or refrain from acting

Restrictive vs mandatory injunction

Restrictive prevents action; mandatory compels action

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