‘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

To assess whether damages effectively restore the plaintiff to their previous position, it is essential to understand the nature of compensatory damages in civil remedies.

1. Types of Damages:

   • Damages are typically classified into various categories such as economic and non-economic. Economic damages often cover tangible losses, such as medical expenses and lost wages. Non-economic damages, on the other hand, seek to compensate for intangible suffering, such as pain and suffering or emotional distress.

2. Restoration Challenge:

   • While damages aim to restore the plaintiff, there are inherent challenges. For example, losses from emotional pain or loss of companionship cannot be quantified easily, making it difficult to achieve complete restoration.

3. Limitations of Damages:

   • Damages cannot fully replace what has been lost. For instance, if the plaintiff has lost a loved one, no amount of money can compensate for emotional loss. Unlike physical losses, emotional damages can be very subjective and may not reflect an individual's true sense of loss.

4. Additional Remedies:

   • In some cases, other remedies (such as injunctions) may be more effective in restoring the plaintiff’s position. For instance, if an entity is causing ongoing harm, an injunction may prevent further damage effectively.

5. Conclusion:

   • Ultimately, while damages play an essential role in civil remedies, they often fall short of fully restoring plaintiffs to their pre-wrong positions. This intricate balance underscores the complexity of compensatory mechanisms in achieving justice.