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QLDLegal StudiesQuick questions
Unit 2: Balance of probabilities
Quick questions on Civil remedies: damages, injunctions and specific performance: QCE Legal Studies
8short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What are the purpose of civil remedies?Show answer
A civil remedy is the court order that resolves a successful claim. Unlike a criminal sanction, which punishes, the primary purpose of a civil remedy is to restore the plaintiff to the position they would have been in had the wrong not occurred. The plaintiff must prove the claim on the balance of probabilities to obtain a remedy.
What are damages?Show answer
Damages are an award of money and are the most common remedy. The main categories are:
What is statutory limits on damages in Queensland?Show answer
In personal injury claims, the Civil Liability Act 2003 (Qld) Part 3 caps and regulates damages. It caps general damages for non-economic loss using an injury scale value, imposes rules for calculating past and future economic loss, and excludes exemplary, punitive and aggravated damages for personal injury (s 52). These reforms followed the 2002 Ipp Report.
What are equitable remedies?Show answer
Where damages are an inadequate remedy, a court may grant a discretionary equitable remedy. The main equitable remedies are:
What are other orders?Show answer
A court may also make declaratory orders (a declaration of the parties' legal rights) and orders for costs (usually the unsuccessful party pays a portion of the successful party's legal costs).
What is q1?Show answer
State the primary purpose of a civil remedy and contrast it with a criminal sanction. [3 marks]
What is q2?Show answer
Distinguish between compensatory damages and exemplary damages. [3 marks]
What is q3?Show answer
Explain when a court would order specific performance rather than damages. [4 marks]