One of the most significant distinctions between criminal and civil law relates to the outcome of each case. When a criminal trial results in a conviction, society expects that some form of punishment will be applied to the criminal. Punishment of the offender is usually not of direct benefit to the victims of the crime. In civil actions the plaintiff is seeking a remedy that will generally be of direct personal benefit.
These remedies may take various forms, including those discussed below. This is not an exhaustive list of civil remedies. However, those not mentioned are generally used in cases of a more technical nature.
These remedies may take various forms, including those discussed below. This is not an exhaustive list of civil remedies. However, those not mentioned are generally used in cases of a more technical nature.
damages
The most common remedy in a civil dispute is to award damages. The actual dollar amount of damages awarded will differ depending on the circumstances of the case and the injuries the plaintiff endured. The diagram below shows the different types of damages that may be awarded to the plaintiff.
Specific performance
The remedy of specific performance is often sought in cases concerned with breach of contract. When an order for specific performance is granted, the court directs the party at fault to carry out the terms of the contract. The court will only grant this remedy when there is no other alternative.
An example of a case in which such an order could be made is when a contract exists for the sale of a unique object, such as an original work of art. If, in such a case, the purchased work was not delivered, damages may not be an appropriate remedy. In this case an appropriate remedy could be the delivery of the work in exchange for the agreed sum of money.
Civil actions of negligence where a person has suffered physical injury will often result in monetary compensation.
Rescission
When a party breaches the terms of a contract the other party may ask to be released from their obligations under the contract. In this case, the court may grant an order for rescission. The result will be that both parties are returned to the position they were in before the contract was made.
A court will only make such an order when it is possible for the parties to regain their position. For example, when faulty goods have been sold, rescission would result in the goods being returned to the seller and the money paid being refunded to the purchaser. The court may also combine this remedy with damages if appropriate: for example, when rescission does not remove all elements of loss to the suffering party.
Injunction
An injunction is a court order for the defendant to undertake, or to refrain from undertaking, particular behaviour. An injunction may be an appropriate remedy in a defamation case. The court could order that a newspaper cease publishing damaging statements until there has been an opportunity to test the accuracy of those defamatory statements. Such injunctions may be temporary or permanent. Other torts where injunctions can be sought are nuisance and trespass.
The remedy of specific performance is often sought in cases concerned with breach of contract. When an order for specific performance is granted, the court directs the party at fault to carry out the terms of the contract. The court will only grant this remedy when there is no other alternative.
An example of a case in which such an order could be made is when a contract exists for the sale of a unique object, such as an original work of art. If, in such a case, the purchased work was not delivered, damages may not be an appropriate remedy. In this case an appropriate remedy could be the delivery of the work in exchange for the agreed sum of money.
Civil actions of negligence where a person has suffered physical injury will often result in monetary compensation.
Rescission
When a party breaches the terms of a contract the other party may ask to be released from their obligations under the contract. In this case, the court may grant an order for rescission. The result will be that both parties are returned to the position they were in before the contract was made.
A court will only make such an order when it is possible for the parties to regain their position. For example, when faulty goods have been sold, rescission would result in the goods being returned to the seller and the money paid being refunded to the purchaser. The court may also combine this remedy with damages if appropriate: for example, when rescission does not remove all elements of loss to the suffering party.
Injunction
An injunction is a court order for the defendant to undertake, or to refrain from undertaking, particular behaviour. An injunction may be an appropriate remedy in a defamation case. The court could order that a newspaper cease publishing damaging statements until there has been an opportunity to test the accuracy of those defamatory statements. Such injunctions may be temporary or permanent. Other torts where injunctions can be sought are nuisance and trespass.