ATAR Notes: Forum
VCE Stuff => VCE Business Studies => VCE Subjects + Help => VCE Legal Studies => Topic started by: hdxx on June 17, 2018, 11:13:11 am
-
What are the advantages and disadvantages of damages and injunctions?
thank you
-
What are the advantages and disadvantages of damages and injunctions?
thank you
Hi there!
The specific advantages and disadvantages of each civil remedy will depend on the circumstances at hand. For example, if the plaintiff has lost a sum of money as a result of defendant's actions, damages are likely to be advantageous - as they can return the plaintiff to the financial position they were in before the wrong occurred. That being said, damages can be disadvantageous if the defendant is not in the position where they can make payment.
Injunctions can be advantageous where the defendant is yet to do something that will negatively impact the plaintiff - as they can prevent the civil wrong all together; or, depending on the facts of the case (e.g. whether the defendant's actions can be reversed), can return the plaintiff to the literal position they were in beforehand. Nonetheless, an injunction would be futile if the defendant has already done something, and their actions cannot be taken back (e.g. they've already sold a house to a third party).
Hope this helps!