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Remedies & Measure of Damages, Legend P: Plaintiff D: Defendant -…
Remedies & Measure of Damages
Remedies
What?
what a P would like to
gain
after bringing legal action against D
Types of Remedies
Common Law Remedies
Equitable Remedies
Equitable Remedies
What?
are discretionary
only awarded if court feels that Common Law remedy is not appropriate/sufficient
Example:
Injunctions
a court order to prevent D from embarking on a tortious act/continuing such an act
eg. an injunction preventing D from trespassing onto P's property
Types of Injunctions
Final Injunctions:
awarded at end of trial
Interlocutory Injunctions:
awarded as preventive measures pending trial
Take Note:
court has a duty to balance request for an injunction with the need of the defendant to carry on his or her daily activities
Common Law Remedies
What?
awarded by court as of right to the P
Example:
Damages
Principles:
Damages are intended to be
compensatory
Damages are computed as a
single lump sum
figure
There is
no ceiling
for the amount of damages that can be awarded
P is under
legal duty to mitigate
their own losses
Exception to Damages
Aggravated Damages
there is
aggravating factor
on D's part
eg. motive to harm P
normal damages is
not enough
Nominal Damages
plaintiff has suffered
no loss
and should not receive damages
but law will award a
nominal/token sum
instead
Exemplary/Punitive Damages
D’s conduct has been
contemptuous
/P is of
high standing
damages are awarded to not only
remedy the loss, but to also
punish
the defendant
Measure of Damages
Personal Injury Claims
Pecuniary Losses
losses/expenses that are
quantifiable
often supported with bills & receipts
eg. Medical bills & loss of earnings
'special damages'
Take Note:
P cannot throw onto D, unnecessary or inappropriate expenses for injury suffered
Non-pecuniary Losses
losses/expenses that are
NOT quantifiable
eg. pain & suffering, loss of an amenity of life
'general damages'
Fatal Injury Claims
What?
Estate:
property/asset a person leaves behind when they die
will be legally distributed according to
will / Intestate Succession Act
when victim dies due to tort, estate / dependents may claim compensation from the D tortfeasor
The Estate Claim
Whoever is
managing the affairs of deceased
can bring the claim against tortfeasor
Claimable
: Pain & Suffering, Funeral Expenses, Loss of Earnings until Death
Non-claimable:
Salary the deceased could have earned if he had lived
Exception:
Defamation Suits (s.10 of Civil Law Act)
alternative to The Dependency Claim
The Dependency Claim
next-of-kin
may choose to file a dependency claim
Claimable
: the net loss of support resulting from the death of the victim, a one-off figure of $15,000 for bereavement, funeral expenses
alternative to The Estate Claim
Legend
P: Plaintiff
D: Defendant