'One of the purposes of damages as a civil remedy is to restore the plaintiff to the position that he or she was in before the wrong occurred.' Discuss the extent to which damages achieve this purpose. - VCE - SSCE Legal Studies - Question 8 - 2012 - Paper 1

Damages serve as a primary remedy in civil law and aim to restore the plaintiff to their pre-wrong position. This foundational principle, however, has its complexities.

Types of Damages

Damages typically fall into two categories: compensatory and punitive. Compensatory damages are intended to reimburse the plaintiff for actual losses incurred, while punitive damages serve to deter wrongdoing by imposing additional penalties.

Compensatory Damages

Compensatory damages might include:

1. Special Damages: These cover quantifiable financial losses, such as medical expenses and lost wages. The aim here is clear—these damages replace what the plaintiff lost as a result of the wrongful action, thereby restoring them to their previous financial state.

2. General Damages: These are more subjective and cover non-economic losses such as pain and suffering. While they attempt to address the emotional and psychological impact of the injury, they often fall short of fully compensating the victim, as these losses are difficult to quantify.

Limitations of Damages

Despite the intention behind awarding damages, several factors limit their effectiveness in achieving full restoration:

1. Inadequacy in Compensation: Sometimes the awarded damages do not cover all losses, particularly when it comes to future earning capacity or ongoing treatment for injuries.

2. Non-Economic Losses: As noted, emotional distress or loss of lifestyle often cannot be quantified precisely, leading to dissatisfaction with the compensation received.

3. Restoration to Original Position: In some cases, the damages fail to restore the plaintiff fully. For instance, if the injury leads to significant life changes or compromises future opportunities, mere financial compensation cannot fully address these issues.

The Case for Alternative Remedies

In instances where damages alone are insufficient, other remedies such as injunctions or specific performance may be sought. For example, if a property is damaged, the plaintiff may prefer restoration of the property rather than mere monetary compensation.

Conclusion

In conclusion, while damages aim to restore plaintiffs to their prior standing, their effectiveness varies. They work well in compensating for quantifiable losses but often leave significant gaps for non-economic damages. Therefore, while they play a vital role in civil remedies, damages do not always achieve the intended restorative purpose.