MGTS-312 Lecture Notes - Lecture 4: Specific Performance, Physical Therapy
Document Summary
If we sue and lose, costs may be awarded against us! Costs are in the discretion of the court but the general rule is the loser must pay the winner"s costs. Party and party costs based on a schedule of costs set out by the court. Solicitor and client costs actual legal fees charged by the lawyers. Several types of damages (heads of damage: general damages not easily quantiiable. Includes future losses (eg. future loss of income, etc. : special damages. Repairs, medication, lost wages up to trial, physiotherapy. Judgmentremedies available from our courts: punitive damages. Usually reserved for unpunished criminal conduct or where aggravating circumstances (eg. injuries from a vicious assault) The court unwinds the contract" and restores the parties to their original position: speciic performance. Court order party to stop conduct: declaration. Court makes a statement about the legal rights of someone: accounting.