Damages

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Damages are compensation in the form of money or other form for the loss or damage caused.

Damages are of two types

  • General Damages
  • Special Damages

General Damages

These damages result from the wrong complained of, and which therefore need not be set out in the plaintiff's pleadings. The Law presumes them from the wrong complained itself. The Law does not depend upon the plaintiff's pleadings.

Special Damages

For these damages, the Law does not presume and the plaintiff must expressly plead and prove his suffering.

Damages according to Tort Law

  • Nominal Damages
  • Contemptuous Damages
  • Compensatory, Aggravated and Exemplary Damages
  • Prospective Damages

Measuring damage

Points to consider on measure of damages are:

  • Attendant's Expenses
  • Interest
  • Who are entitled?
  • Capacity of the deceased
  • Gratuity, Pension etc
  • Loss of consortium
  • Re-marriage
  • Prospective loss of earnings
    • Interest Method
    • Lump Sum Method
    • Multiplier Method

Related Cases / Recent Cases / Case Law

  • Walsh v Lonsdale, (1882) 21 Ch D 9 (14): In regard to equitable lease, By a written agreement L agreed to let to W a cotton mill fro 7 years at a rent which was to be payable in advance if demanded. W entered and occupied the mill, and for some time paid the rent, but not in advance. Then L demanded a year's rent in advance, and this demand not being complied with, he distrained. W then brought this action against L claiming damages for an unlawful distraint.
  • Colls v Home and Colonial Stores Ltd, (1901) AC 179: It was held that as the obstruction complained of did not amount to a nuisance, the plaintiff could not obtain an injunction in equity, as he could not recover Damages at common law.
  • Noor Mohd vs Mohd Jiauddin, 1991 MPLJ 503: Refusal of bridegroom and his father to take the bride to their home after a marriage in full gaze of guests is a tort of defamation and damages could be awarded for loss of reputation.
  • Smith vs Selwyn (1914) 3 KB 98: Applicable in England: When an injury gives rise to both a tort and a criminal action, the action for damages cannot be maintained unless the offender has been prosecuted for the criminal offense, or a reasonable excuse shown for not prosecuting him.
  • Keshab vs Maniruddin (1908) 13 CWN 50: Applicable in India: The injured person can bring a suit for damages for an action which also amounts to a crime without instituting a criminal proceeding in the first instance.
  • Andhra University, Andhra Pradesh v Korada Durga Lakshmi Manoharam, AIR 1951 Mad 870, (1951) IMLJ 518, Supreme Court of India Judgement given on 17 August, 1950.

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