Civil Remedies and their
purpose
CHAPTER 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-excessiveforce-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