Page 100 - PRINCIPLE OF LAW- FINAL (eISBN) pdf
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Politeknik Kota Bharu
3.5 REMEDIES
Once a case has been made by a claimant and the defendant’s
case defeated, the court will decide on an appropriate remedy to
apply to the problem at hand. Remedies come in two primary
forms: damages and injunctions. The outcome is ultimately
determined by the court.
(i) Damages: Damages are quite simply the award of a
monetary sum to the claimant, which must then be paid by
the defendant. The general guiding principle is that of full
compensation: the idea that the amount of damages
awarded should return the claimant to the position they
would have been in had the tort not occurred.
(ii) Injunctions: An injunction is a declaration by a court that
the defendant must behave in a certain manner.
▪ They come in two main forms:
a. prohibitory: in which a claimant is prohibited from
doing something.
b. mandatory, in which the defendant must do
something.
▪ Injunction may be granted at any one of three different
time as quia timet, final/perpetual, or
interim/interlocutory.
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