Remedies in Law of Torts
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Questions and Answers

What is the definition of a party being 'aggrieved' in the law of torts?

  • When a party has suffered a loss due to another party's negligent act.
  • When a party has failed to take legal action against another party.
  • When a party has taken something away from another party, infringing their rights. (correct)
  • When a party has committed a wrong against another party.

    • According to Lord Scarman, what is the main purpose of compensation in tort law?

  • To punish the wrongdoer.
  • To deter others from committing similar wrongs.
  • To compensate the party who has suffered beyond their original position.
  • To put the party who has suffered in the same position as they would have been in if they had not sustained the wrong. (correct)

    • What are the two broad types of remedies in tort law?

  • Civil and criminal remedies.
  • Judicial and extra-judicial remedies. (correct)
  • Private and public remedies.
  • Judicial and criminal remedies.

    • What is the term for the remedy where the owner of the property takes possession of the beasts until they are compensated for the loss suffered?

    <p>Distress Damage Feasant.</p> Signup and view all the answers

    What is the purpose of contemptuous damages?

    <p>To show the court's disapproval of the plaintiff's actions</p> Signup and view all the answers

    What type of damages is paid to the aggrieved party to bring them back to the position in which they were before the tort had occurred?

    <p>Legal damages.</p> Signup and view all the answers

    What is another term for contemptuous damages?

    <p>Ignominious damages.</p> Signup and view all the answers

    In which type of cases are contemptuous damages usually awarded?

    <p>Defamation cases</p> Signup and view all the answers

    What is the significance of the amount of contemptuous damages awarded?

    <p>It is a token of the court's disapproval</p> Signup and view all the answers

    What is the purpose of extra-judicial remedies in tort law?

    <p>To take the law into one's own hands.</p> Signup and view all the answers

    What is the effect of the court's decision on costs in contemptuous damages cases?

    <p>The defendants still have to pay more than the awarded damages</p> Signup and view all the answers

    What is the term for the remedy where the court orders the wrongdoer to stop or remove the nuisance?

    <p>Injunction.</p> Signup and view all the answers

    What is the purpose of nominal damages?

    <p>To acknowledge the plaintiff's rights were violated</p> Signup and view all the answers

    In what type of cases are nominal damages usually awarded?

    <p>Trespassing cases where no damage is done</p> Signup and view all the answers

    What is the significance of the amount of nominal damages awarded?

    <p>It is a token of the court's acknowledgment of the plaintiff's rights</p> Signup and view all the answers

    What is the basis for the court's decision to award nominal damages according to Heuston & Buckley on Salmond and Heuston on the Law of Tort?

    <p>The invasion of the plaintiff's property rights</p> Signup and view all the answers

    In the case of Constantine v Imperial Hotels Ltd, what was the defendant found guilty of?

    <p>Breach of duty as an innkeeper</p> Signup and view all the answers

    What type of damages was awarded to the plaintiff in the case of Guan Soon Tin Mining Co v Wong Fook Kum?

    <p>Nominal damages</p> Signup and view all the answers

    What is the main consideration for awarding aggravated damages?

    <p>The defendant's actions and intentions</p> Signup and view all the answers

    In which type of cases are aggravated damages often awarded?

    <p>Defamation cases</p> Signup and view all the answers

    What is the purpose of nominal damages?

    <p>To acknowledge the defendant's wrongdoing</p> Signup and view all the answers

    How much in damages was awarded to the respondent/plaintiff in the case of M.G.G Pillai v Tan Sri Dato' Vincent Tan Chee Yioun?

    <p>RM10 million</p> Signup and view all the answers

    What is considered to be of equal or even greater harm than physical injury, according to Gopal Sri Ram HMR?

    <p>Damage to a person's reputation</p> Signup and view all the answers

    What is the main difference between nominal damages and aggravated damages?

    <p>Nominal damages are awarded when the plaintiff has not suffered any damage, while aggravated damages are awarded in addition to general damages</p> Signup and view all the answers

    What is the primary objective of punitive damages?

    <p>To create a public example and make people cautious</p> Signup and view all the answers

    In which category can exemplary damages be awarded according to Lord Devlin?

    <p>When the defendant's act is done with guilty knowledge for economic advantage</p> Signup and view all the answers

    What is the relationship between the servants of the government and the people according to Lord Devlin?

    <p>Servants of the government are also servants of the people</p> Signup and view all the answers

    When can exemplary damages be awarded according to the statute?

    <p>When the statute allows the award of exemplary damages</p> Signup and view all the answers

    What is the purpose of punitive damages besides compensating the plaintiff?

    <p>To punish the defendant for the wrong done</p> Signup and view all the answers

    In which case did Lord Devlin outline the categories of exemplary damages?

    <p>Rookes v Barnard (1964) AC 1129</p> Signup and view all the answers

    What is the consequence of a defendant's act done with guilty knowledge for economic advantage?

    <p>Exemplary damages are awarded</p> Signup and view all the answers

    What is the court's stand on judicial policy that tends towards giving small damages for defamation?

    <p>The court strongly disapproves of it</p> Signup and view all the answers

    What is the primary purpose of an interim injunction?

    <p>To secure quick relief from the court, pending a fuller inquiry</p> Signup and view all the answers

    Which type of injunction is issued after deciding a case?

    <p>Permanent injunction</p> Signup and view all the answers

    What is the primary characteristic of a mandatory injunction?

    <p>It compels a party to take action</p> Signup and view all the answers

    In which country is the power of the court to issue injunctions outlined within the Specific Relief Act?

    <p>Malaysia</p> Signup and view all the answers

    What is the purpose of an interlocutory injunction?

    <p>To preserve the status quo in a lawsuit</p> Signup and view all the answers

    When can a party request an interim injunction?

    <p>Only when the need is urgent and the other party is not present</p> Signup and view all the answers

    What is the duration of a permanent injunction?

    <p>Until a named period</p> Signup and view all the answers

    What is the term for an injunction that orders a party to stop doing something?

    <p>Prohibitory injunction</p> Signup and view all the answers

    Study Notes

    Remedies in Tort Law

    • A remedy is a treatment for a party's rights being infringed upon by another party.
    • The goal of a remedy is to put the party who has suffered in the same position as they would have been in if they had not sustained the wrong.

    Types of Remedies

    • There are two broad types of remedies in Tort Law: Judicial Remedies and Extra-Judicial Remedies.

    Judicial Remedies

    • Damages: the amount of money paid to the aggrieved party to bring them back to the position they were in before the tort occurred.
    • Injunction: a court order directing a party to do or not do an act.
    • Specific Restitution of Property: the return of specific property to the rightful owner.

    Extra-Judicial Remedies

    • Expulsion of trespasser: the removal of a trespasser from one's property.
    • Re-entry on land: the act of re-entering one's own land after it has been trespassed upon.
    • Re-caption of goods: the recovery of one's goods that have been taken or trespassed upon.
    • Abatement: the removal of a nuisance or something that is causing harm.
    • Distress Damage Feasant: the seizure of goods or property to compensate for a loss suffered.

    Damages

    • There are four types of damages: contemptuous damages, nominal damages, aggravated damages, and exemplary damages.

    Contemptuous Damages

    • Awarded when the plaintiff is partially at fault and the court disapproves of the plaintiff's actions.
    • The amount of damages is usually low.

    Nominal Damages

    • Awarded when the plaintiff's rights have been violated but no actual damage or loss has been suffered.
    • The amount of damages is usually small.

    Aggravated Damages

    • Awarded when the plaintiff has suffered not only physical injury or financial loss but also emotional pain or shame.
    • The court takes into account the defendant's actions and intentions.

    Exemplary Damages

    • Awarded when the defendant has been excessively ignorant of the plaintiff's rights and great damage has been caused.
    • The purpose is to punish the defendant and create a public example.

    Injunctions

    • An injunction is a court order directing a party to do or not do an act.
    • Types of injunctions include:
      • Interim injunction: a temporary order directing a party to do or not do an act.
      • Interlocutory injunction: an order to preserve the status quo in a lawsuit.
      • Permanent injunction: a court order as part of its judgment after deciding a case.
      • Mandatory injunction: an order compelling a party to do something.

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    Description

    This quiz covers the remedies available in the law of torts, including compensation and infringement of rights.

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