This document discusses different types of damages in contract law, including general damages, special/specific damages, nominal damages, exemplary damages, and aggravated damages. General damages compensate for injuries like pain or inability to perform actions, while special damages require evidence of precise monetary losses. Nominal damages acknowledge a legal violation when no actual damages are proven. Exemplary damages punish exceptional breaches, and aggravated damages compensate for additional mental or psychological harm.

1. UNL1622
CONTRACT LAW II
SPECIFIC DAMAGES
LECTURER: PROF. DR. ABDUL MOHAIMIN BIN NOORDIN AYUS
GROUP LEADER: SYAREFAH MARWAN BINTI ISMAIL
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MEMBERS : KHAIRUL NAQIB B. KHALID
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AHMAD FUAD BIN ZAILANI
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NAJIHAH BINTI NAZEER AHAMAD
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2. Introduction
• Damages is one of the remedy provided
under the law of contract.
• Damages can be known as compensation
or an awards.
• There are two types of damages which
are:
1) General damages
2) Special/Specific damages

3. General Damages
&
Special/Specific Damages

4. What is General Damages?
Define by legal dictionary:
- Monetary recovery in a lawsuit.
• Parties can obtain this type of damages due to
suffer of injuries such as pain or inability to
perform certain actions.
Eg: Ali cannot lift his child due to injuries in an
accident.
• General damages cannot be convinced with a
certificate.
• It also need not to be appealed as the law count on
that such damage from the breach of a legal right.

5. Types of General Damages
i. Physical pain & suffering
ii. Physical Disfigurement
iii. Physical Disability
iv. Mental Anguish
v. Loss of Companionship
Element that may resolve a damage consists
• Causing great horror of an injury
• The sensitives of the legal body
Damages seems to be related to the personal injury
cases

6. What is Special/Specific Damages?
- Produce ambiguity based on the jurisdiction in which it is appeal to
• It requires the precision of amount of loss & relevant evidence
• Also provide the defendant with notice of items in claim for a precise
amount can be adduced by indication & each personal damages
case will have a minor different when it related to special damages.

7. Categories of the Special/Specific Damages
i. Repair & replacement of damaged property
ii. Lost wages & the loss of earning capacity
iii. Medical expenses (past or future)
iv. Loss of irreplaceable
• Much easier & clearer than general damage
• Precise amount of dollar has already been used
Eg: A breaks a chair, the chair bought by B worth RM50.
Therefore, A is liable for special damages of RM50.
• But, as for future cost or future loss due to injury, it will
get a little complicated
• Settled through evidence or witnesses

8. Functions of General & Special/Specific
Damages
• Compatible in TORT cases
• Both terms been used in context of
liability
• Construe the 1st & 2nd limb of
principles in case of Hadley v
Baxendale

9. Nominal
Damages

10. Nominal Damages
What is nominal damages ?
• A kind of damages which reflects a
legal perception where there is a
breach of duty or wrongdoing which
violated the plaintiff’s right.

11. Nominal Damages
How to apply?
• Brought to the court, and the court will
still hear the case and grant the
plaintiff a nominal damages.
• Usually, it will be paid in terms of
money.

12. Nominal Damages
Purpose ?
• To allow the plaintiff to obtain punitive
damages.
• Plaintiff’s constitutional rights has been
violated.
• Plaintiff whose freedom of speech or
freedom of religion and others had
been disregard.

13. Nominal Damages
Illustrations
• Plaintiff went out of the house to get something.
• The defendant, which is his neighbor pretends to run
over him with his motor vehicle.
• As for that, the plaintiff file a personal injury case based
on assault.
• No actual damages that had been proven by the plaintiff.
• Therefore, the court granted the plaintiff a nominal
damages to show that the plaintiff constitutional rights
had been violated.

14. Nominal Damages
Cases referred to :
• The Owners Of The Steamship “Medina” v
The Owners, Master And Crew Of The
Lightship “Comet”
• Hilbourne v Tan Tiang Quee
• Industrial & Agricultural Distribution Sdn
Bhd v Golden Sand Construction Sdn Bhd

15. Exemplary Damages

16. Exemplary Damages
• Exemplary damages can also be known as
punitive damages.
• Given towards the party that went through
suffered by the violent act of the defendant
• Aimed at compensating the loss suffered by
the plaintiff, but it also can punish a
defendant in exceptional situations.
• Example, when there is a breach of promise
to marry (CASE: Dennis v Sennyah)

17. Exemplary Damages
• Dennis v Sennyah
The plaintiff and the defendant is engage but
defendant broke off the engagement and refuse to
marry the plaintiff. The plaintiff felt humiliated, suffered
mental torture and wasted expenses. She claimed for
general damages and special damages. In this case
the court held that, the court award $1500 as general
damages and $620.10 as special damages. Hepworth
J. stated that, “For breach of promise of marriage, the
damages are not measured by any fixed standard and
it is by the discretion of the court. It is not merely to
repay the plaintiff for temporal loss but to punish the
defendant in an exemplary manner.”

18. Exemplary Damages
• 3 categories where exemplary damages may
be awarded:
• 1) There has been oppressive, arbitrary or
unconstitutional conduct by the servants of
the government.
• 2) The defendant’s conduct has been
calculated as making a profit for himself
which had exceed the compensation payable
to the plaintiff.
• 3) When a statute has expressly authorized
it.

19. Exemplary Damages
• Exemplary damages is to punish the one
who breach the contract and to prevent
them from do it again in the future as long
as the innocent party can prove there is an
oppressive conduct by the wrongdoer.

20. Exemplary Damages
Other cases:
• Rookes v Barnard
• Cassel & Co Ltd v Broome
• Dato’ Abdullah Hisham bin Haji Mohd
Hashim v Sharma Kumari Shukla (No.3)

21. Aggravated Damages

22. What is Aggravated Damages?
• Damages awarded by a court to reflect the
exceptional harm done to a plaintiff of a
tort action.
• In other words, aggravated damages is
awarded when there is emotional or
mental harm done when the other party to
the contract breaches it.

23. Measure of Aggravated Damages?
• Jarvis v Swan Tours (1972)
- By assessing the amount of mental or
psychological hurt caused by the other
party.
• It has to be noted that the sum of
aggravated damages is totally different
from the normal damages received.

24. Benefit and Weakness of
Aggravated Damages?
• Benefit -
- Enables the trauma that was experienced by
the innocent party to be compensated.
- Relatively easy to determine the presence of
mental or psychological hurt or anguish.
• Weakness –
- No exact way to calculate the amount of
damage sustained.
- Has possibility of being inadequate.

25. Conclusion
• Different type of damages will be applied
according to different type of injuries
suffered by the innocent party. Therefore it
is important for the court to determine
which damages suit the most according to
the loss suffered by the innocent party so
that suitable damages will suit suitable
condition of the innocent party.