Presentation is loading. Please wait.

Presentation is loading. Please wait.

Damages!. KINDS OF CLAIMS  GENERAL DAMAGES  SPECIAL DAMAGES  PUNITIVE DAMAGES  NOMINAL  SPECIFIC PERFORMANCE  INJUNCTIONS.

Similar presentations


Presentation on theme: "Damages!. KINDS OF CLAIMS  GENERAL DAMAGES  SPECIAL DAMAGES  PUNITIVE DAMAGES  NOMINAL  SPECIFIC PERFORMANCE  INJUNCTIONS."— Presentation transcript:

1 Damages!

2 KINDS OF CLAIMS  GENERAL DAMAGES  SPECIAL DAMAGES  PUNITIVE DAMAGES  NOMINAL  SPECIFIC PERFORMANCE  INJUNCTIONS

3 GENERAL DAMAGES  I Pecuniary – monetary compensation for losses that can be calculated based on how much money the plaintiff lost.  Example: car accident victim that confines the victim to a wheelchair for life. You can sue for damages to replace the car and also loss of future earnings.  Q: How would age play a factor in complicating this matter?

4 GENERAL DAMAGES  II Non-pecuniary – terrible personal loss which does not involve an actual loss of money and is difficult to quantify.  Example: pain and suffering, loss of a loved one, mental anguish, aggravated damages (humiliation or distress) CAN A PRICE BE PUT ON THESE?  Judges will usually make the monetary compensation based on rule of precedent.  However, there is a maximum of $280 000  (recently increased from $100 000 due to inflation) WHAT DO YOU THINK?

5 SPECIAL DAMAGES -compensation for out of pocket expenses  Example: medication, therapy, ambulance services, medical expenses, lost income (fixed period of time), car repairs

6 PUNITIVE DAMAGES  – punish the defendant for reprehensible /malicious conduct  Example: false imprisonment or arrest, assault, battery, libel and slander

7 NOMINAL  -minimal compensation to acknowledge a moral victory  Example: someone was using your land and you wanted them to stay off, you may be awarded $1 for you suffered no loss but merely wanted to assert your rights

8 SPECIFIC PERFORMANCE  -court order compelling someone to fulfill the terms of a contract  Example: buy a puppy from a breeder but the breeder changes her mind and gives you your deposit back. You don’t want the deposit, you want the puppy!

9 INJUNCTIONS  a court order requiring someone to do or not do something  Mandatory injunction – to do  Prohibitory injunction – forbid to do *These may be permanent or temporary Example: apply dangerous chemicals, copyright trademarks, force striking workers to return to work

10 ENFORCING A JUDGEMENT  You are on your own. The court doesn’t cut a cheque.  But….if the defendant doesn’t pay you can take the following steps:

11 ENFORCING A JUDGEMENT Examination of a Judgment Debtor – being questioned under oath to find out about the debtor’s assets Garnishment – courts can order a % of wages, bank accounts be deducted to pay to plaintiff Execution or Seizure – sheriff seizes assets of debtor and sells them

12 Alternative Sources of Compensation  I Motor Vehicle Liability Insurance – money from the insurer of the defendant’s vehicle (only in motor vehicle accidents) Problem: not everyone has liability insurance  II No Fault Insurance – provides immediate funds without evidence of fault  III Worker’s Compensation – provincial Workers Compensation Fund  IV Criminal Injuries Compensation – criminal injuries compensation boards have been created to compensate innocent victims when the assailant doesn’t have any assets or insurance.

13 How does the Trial Work?  In a trial by jury the judge instructs the jury on the law applicable to the facts of the case.  The jury must consider this as well as other considerations:  Who was at fault?  Is that person totally at fault? (%)  How should damages be determined?  How much should they be?

14  Class action suit – a lawsuit initiated by a group of people over a complaint common to all.  Examples?  Page 369-370  Google Class Action Google Class Action

15 Benefits  Avoid the necessity for many similar lawsuits  Similar claims are treated similarly  Eliminated barriers like economic barriers that prevent people from pursuing legal action


Download ppt "Damages!. KINDS OF CLAIMS  GENERAL DAMAGES  SPECIAL DAMAGES  PUNITIVE DAMAGES  NOMINAL  SPECIFIC PERFORMANCE  INJUNCTIONS."

Similar presentations


Ads by Google