Civil Remedies and their purposeCHAPTER 9.5

Consider the following….What outcome may be expected? Tyler wants to stop a magazine publishing an untrue story about him.

Jenny tripped over a small hole left in the local park by a landscaping company. She was not injured, but she wants them to know that they did the wrong thing.

Vince signed a contract with a business to deliver new equipment for his business, but the equipment never arrived.

Denny has a friend who borrowed his car but never returned it, despite repeated requests to do so.

Chi was brutally assaulted by a man who showed absolutely no regard for her life, welfare or safety.

Damages (monetary compensation)

The most common remedy in a civil dispute is to award damages.

The actual dollar amount of damages awarded will differ depending on the circumstances of the case and the injuries the plaintiff endured.

Compensatory Damages Compensation for loss or injury

Two types

1. Specific damages: compensation for quantifiable losses (eary to put a figure on) such as medical costs

2. General damages: not easily calculated, includes pain and suffering, loss of permanent injury or job prospects

Exemplary Damages Large sums of money

Awarded to make an example of the defendant

Deter others from behaving same way

Aggravated Damages Similar to exemplary damages

Cam involve large amounts of money

This is awarded when the defendant has shown reckless disregard for the plaintiffs welfare

http://www.heraldsun.com.au/news/law-order/pair-claim-crown-bouncers-used-excessive-force-to-stop-them-entering-club-23/story-fni0fee2-1227285175841

Nominal Damages Small amount of money

Plaintiff trying to make a point rather than get a large amount of money from defendant

Contemptuous Damages Very small amounts of money

Plaintiff is legally in the right

However the court disapproves the action of bringing the matter to the court

Injunctions

Restrictive injunctions •An order from the court either stopping the defendant from doing something

•are sometimes taken out against television stations preventing them from showing a particular television program or a publishing company may be prevented from printing a book.

A mandatory injunction •compelling the defendant to do something

• be taken out against a defendant compelling him or her to remove something from someone's property or perhaps carry out repairs to someone's property

Injunctions may either be perpetual which means the injunction is permanent, or

interim, which means a temporary injunction is taken out until a case is heard at a later date.

Order of specific performance

This means that a defendant is compelled to carry out the terms of a contract.

For example, in a contract to supply computer equipment, an order of specific performance may compel the defendant to deliver and install the remaining five computers that were originally contracted for.

Rescission Order•A remedy that may be sought if one of the conditions of a contract is not met the court can actually terminate or cancel the contract.•If parties can be returned to their original position before the contract commenced, a rescission order may be an appropriate remedy

•Eg a dressmaker entered into a contract to supply tailor-made dresses, but the contract is cancelled. If the dressmaker had not commenced sewing the dresses, a rescission order would be appropriate, because it is possible to restore both parties to the original position they were in before the contract commenced. This might mean that if a deposit was paid for the dresses, it would be returned and the contract cancelled.

Restitution

Restitution comes from the word ‘restore’ which, in simple terms, means ‘give back’.

An order of restitution is made by the court when the defendant has property belonging to the plaintiff.

The defendant is compelled to return the property to the plaintiff who is the rightful owner.

Your Turn Complete questions 1-4 page 246

Extension question 5