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Damages - Coggle Diagram
Damages
Types of Damages
Compensatory Damages:
- AKA actual damages, paid to compensate C's loss, injury or harm suffered as a result of another's breach of duty (e.g. negligence claim)
- General Rule / Restitutio in integrum:
- damages is assessed on compensatory basis, to restore C to his position prior to commission of tort
Example situation:
- Bills / receipts for repairing equipment, vehicles or other property damage in the same accident that caused C's injuries
Livingstone v Rawyards Coal Co (1880):
- Held: Restitutio in integrum is the sum of money that puts the party in the same position they would've been if the wrongs was not sustained, for which he is now getting compensation / reparations
Restitutionary Damages
- Awarded to C when D benefitted by committing tort at expense of C
- Calculated by reference to C's loss instead of C's gain, usually awarded in interference with property / trespass, defamation claims
- They're rare (more applicable in contract i.e. intellectual property, unjust enrichment)
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Aggravated Damages
- Damages allowed when there's injury to dignity/pride of C that was increased by D's bad motive or willful behaviour
- Aims to compensate for additional humiliation and injury to personal feelings of C due to D's conduct
- Damages are compensatory in nature and not designed to punish D
- They are "aggravated" as D's acts cause additional injury to feelings / dignity
- Awarded in torts like trespass to persons, trespass to land, defamation etc
Thompson v Metropolitan Police Commissioner (1997):
- "Damages are given when there's aggravating features resulting in C not receiving sufficient compensation for injury suffered
- Aggravating features can include humiliating situations or any conduct that shows insulting, malicious / oppressive manners
Utusan Melayu (M) Bhd & 3 ors v Tjanting Handicraft Sdn Bhd & anor (2005):
- Facts: D commissioned the Ministry of International Trade and Industry to supply batik costumes to APEC leaders at the APEC meeting. D claimed that C's article in the magazine in the natural and ordinary would mean that D produced ugly batik's and brought shame to the country by allowing world leaders to wear it
- Held: Found in favour of D and awarded damages including aggravating damages
- C appealed - on grounds that award was too much and influenced by prevaling trend in awarding damages. CA allowed and reduced quantum of damages
Nominal Damages
- Awarded when C's right is violated but he cannot prove any loss / damage
- Usually awarded in torts "actionable per se"
Tay Tuan Kiat & Anor v Pritam Singh Brar (1987):
- C complained that D wrongfully built the retaining wall on C's land and trespassed on C's land along with wrongfully remaining in possession, thus depriving C's use of enjoyment of said portion of land
- Held: No evidence that C suffered any damage/loss. Nominal damages awarded to C.
Contemptous Damages
- They are a small monetary remedy to show that a tort is committed, but based on opinion of judge, the claim shouldn't have been brought as C did not suffer any real loss
- Applicable only in defamation - only for libel actions
Grobbelaar v News Group Newspaper (2002):
- Facts: C (footballer) brought a libel action against D for publications in a newspaper alleging that he fixed football matches for money
- Held: jury awarded him compensatory damages but after protracted litigation in the HoL, decided to reduce C's damage as he acted in ways no decent / honest footballer would act
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