3. Damages What are damages? Special Damages Damages which can be calculated specifically – i.e. Replacing damaged clothing Nominal Damages If they cannot show an actual loss the court can award a small amount in recognition of infringed rights Exemplary Damages “Punitive Damages” damages intended to punish the defendant General Damages Matters that cannot be neatly itemised – i.e. Pain and suffering
4. Damages Equitable Remedies Specific Performance Only used in contract law – order a contract is carried out as agreed Injunctions Interlocutory injunction Final injunction Recission Only in contract cases – return the parties as far as possible to their pre-contractual position General Damages Document should be altered to reflect the parties’ intention.
