This document outlines different types of damages that may be awarded in legal cases. It discusses nominal damages, which are awarded when a plaintiff's rights have been violated but no actual damages occurred. It also discusses exemplary/punitive damages, which aim to punish defendants and deter future wrongdoing, such as in cases of oppressive government actions or where a defendant's conduct was intended to make a profit exceeding compensation. The document also mentions aggravated damages, where a court may increase damages due to a defendant's motive or conduct exacerbating a plaintiff's injury and violation of dignity.
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1. DAMAGES
OBJECT OF DAMAGES
To put the P on the
principle of restituition in
integrum.
CAN CLAIM ONLY
ONCE
P cannot bring second
action on same facts just
becox his injuries is
serious
Exception:
l. Where 2 distinct rights
are violated
Brunsden v Humphrey
P suffers taxi damage and
personal injuries. He
claim taxi damages first
and later second one. OK.
2. Where the injury is
continuing one
i.e. tresspass to land or
continuing nuisance.
TYPES OF DAMAGES
CONTEMPTUOUS
1. Court award very low
amount .
2.P may also lost his cost
of action also.
NOMINAL
1.Damages awarded
due torts of actional per
se where only P`s right
has been violated and
he don’t suffers actual
damage.
Constantin v Imperial
Hotels Ltd. (cricket
teams)
EXEMPLARY / PUNITIVE
1. The object is to punish the
defendant and to deter him
from future behavior.
2. Now Exemplary Damages
may be awarded only in two
classes of cases:
i. Oppressive ,arbitrary or
unconstitution action by
servants of Govt.
Bradford City Metropolitant
Council v Arora.
A sikh woman applied for
head of teaching but was
rejected. Held there was
discrmanation and awarded
damages.
ii.Cases where D`s
conducthas been calculated
by him to make a profit for
himself which may well
exceed the compensation
payable for P.
It is becox not to allow
defendant to make a profit
from his own deliberate
wrongful act.
Alfred Templeton & Ors v
Low Yat Holdings Sdn.Bhd.
& Anor.
Critics:
i.it confuse purpose of civil
and crimina law.
ii.Punishing civil wrong
iii.unmerited windfall for the P.
AGGRAVATED DAMAGES
Where the motive and
conduct of D aggravated
P`s injury the court will
increase the damages
awarded.
2. This is a compensary due
to P`s feeling and dignity.
Henry Wong v John Lee
Libellious statement made
by D trial ct awarded
damages but FC reversed.