+ Civil Remedies

+ PURPOSE of civil remedies?

+ Remedies... There are various civil remedies available to successful plaintiff’s in civil cases. Damages are the most common type of remedy sought, which is an amount of money paid by the defendant to the plaintiff in an attempt to restore the plaintiff back to their original position.

+ Damages.... The most common remedy for any civil action The court orders_________________________________ ______________________________________________ ______________________________________________ The amount will depend on the sum claimed by the defendant and the jurisdiction of the court. The categories of damages are; _______________________ _______________________ _______________________ _______________________

+ Types of remedies.. ______________________________

+ Compensatory damages (a) SPECIFIC / SPECIAL DAMAGES (b) GENERAL DAMAGES (c) AGGRAVATED DAMAGES

+ Summary of compensatory damages..

+ Exemplary damages.... ______________________________________________ ______________________________________________ ______________________________________________ To make the defendant an example to the rest of the community To deter others from acting in the same way Sometimes referred to as “punitive damages” or “vindictive damages” Only type of remedy that seeks to ________________the offender!!

+ Nominal Damages... Plaintiff seeks to make a point; small amount of money is paid Where a principle is a stake. The principle of having ones rights protected mean more than the actual sum of money provided. These damages reinforce the ______________of the plaintiff, even though they may not have actually _____________________________________.

+ Contemptuous damages... Where the plaintiff _______________________________ ______________________________________________ The plaintiff had a legal right but not a moral right Award is small, aimed to show the court’s contempt for the claim

+ Damages overview 1. Highlight the types of damages and identify the category of damages they fall under.

+ Injunctions.. Is a court order directing someone to stop doing something ______________________or to do something _____________________

+ Orders of specific performance This remedy relates to _______________________________, where the plaintiff wants the defendant to fulfil the contract rather than pay damages

+ Restitution If the defendant has property belonging to the plaintiff the court can make an order of restitution for the belongings to be returned. This compels the defendant to __________________________

+ Rescission This is where the court makes an order to rescind or ____________________________________________

+ Enforcement procedures.. How are remedies enforced by the courts? A PLAINTIFF MAY BE SUCCESSFUL IN A COURT ACTION AND RECEIVE A JUDGEMENT AGAINST THE DEFENDANT, BUT WHAT IF THE DEFENDANT DOESN’T PAY OR COMPLY? THE COURT CAN ENFORCE IT BY ORDERING ONE OF THE FOLLOWING: ____________________________ WHERE THE BAILIFF HAS THE POWER TO SEIZE AND SELL PROPERTY BELONGING TO THE DEFENDANT TO RECOVER SUFFICIENT $$$ _____________________________ COMPELS A THIRD PERSON WHO OWES MONEY TO THE DEFENDANT TO PAY THE PLAINTIFF

+ Enforcement continued.. AN ATTACHMENT OF EARNINGS __________________________________________________________ __________________________________________________________ __________________________________________________________ A WRIT OF SEQUESTRATION allows the court to________________________________________________________ _____________until he pays _________________________________ declares the defendant bankrupt which means all his assets are controlled by an independent person where a receiver administers the debts ________________________________ If the defendant fails to comply with the orders, they can be imprisoned for contempt of court.

+ Damages case study....

+ Case study questions