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Remedies Notes

Law Notes > Torts A Notes

This is an extract of our Remedies document, which we sell as part of our Torts A Notes collection written by the top tier of Monash University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Torts A Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Remedies Damages
... may receive a remedy in damages. Compensatory damages It is likely P will received compensatory damages, which aim to put the plaintiff in the position he or should would have been in had the tort not occurred. Here, P will be compensated for [the loss/injury], which was caused by D's action.

Aggravated damages Aggravated damages may be awarded here because D's action not only caused [loss/injury] but
- The action was intentional
- D wilfully caused humiliation to P Exemplary damages Exemplary damages may be awarded, as the courts may seek to discourage action such as that taken by D because

[Explain policy reasons ] egPublic safety To discourage abuse of the justice system (Grimshaw)

Case: Grimshaw v Ford Motor Co: exemplary damages awarded to discourage others from making decisions based on economic reasons over human life. Nominal damages Only nominal damages may be awarded here, as P has suffered no loss. Limitations to awards for personal injury Limitations for personal injury awards P should be advised that the Wrongs Act 1958 (Vic) imposed limits on awards that may be made to plaintiffs in cases of personal injury.

However, no limits will apply if D intended his/her act to cause death or injury, or the act for which the award is made was sexual assault or other sexual misconduct (Wrongs Act s 28C(2) and s 28LC(2)). Damages for nuisance

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