Introduction
Damages are the most common remedy in the law of torts. When a person suffers harm due to the wrongful act of another, the court may award money as compensation.
The purpose of damages is usually to compensate the injured person, although in some cases the court may also punish the wrongdoer.
Meaning / Definition
Damages refer to the monetary compensation awarded by a court to a person who has suffered injury due to the wrongful act of another.
Damages may be general damages or special damages:
- General damages are those which the law assumes to be the natural result of the defendant’s act.
- Special damages are those which must be specifically proved in court.
For example, medical expenses after a road accident may be treated as general damages. However, a claim for nervous shock or mental suffering must be proved and may be treated as special damages.
Modes or Types
Nominal Damages
Nominal damages are very small amounts awarded by the court to recognize that the plaintiff’s legal right has been violated, even though no actual loss has occurred.
These damages mainly serve to confirm that the plaintiff’s rights were infringed.
Nominal damages are commonly awarded in torts that are actionable per se (wrongful acts where proof of actual damage is not required).
Contemptuous Damages
Contemptuous damages are awarded when the court believes that the plaintiff technically has a legal claim but does not deserve substantial compensation.
Such damages show the court’s disapproval of the plaintiff’s conduct or the trivial nature of the claim.
Real or Substantial Damages
Real or substantial damages are awarded to compensate the plaintiff for actual loss or injury suffered.
The purpose of these damages is to place the plaintiff, as far as possible, in the position they would have been in if the wrong had not occurred.
Exemplary Damages
Exemplary damages (also called punitive damages) are awarded not only to compensate the plaintiff but also to punish the defendant.
They are granted in cases where the defendant’s conduct is particularly wrongful or oppressive.
Courts usually award exemplary damages in the following situations:
- Oppressive or arbitrary acts by government officials.
- When the defendant’s wrongful act is intended to make a profit greater than the compensation payable.
- When a statute (law passed by the legislature) specifically allows such damages.
Prospective Damages
Prospective damages are awarded for losses that are likely to occur in the future as a result of the defendant’s wrongful act.
Although the loss has not yet occurred at the time of judgment, the court may award compensation if future harm is reasonably expected.
Important Case Law
Ashby v. White
A voter was wrongfully prevented from voting in an election. Even though the candidate he supported eventually won, the court awarded nominal damages because his legal right to vote had been violated.
Constantine v. Imperial London Hotels Ltd.
A West Indian cricketer was wrongly refused accommodation in a hotel. Although he suffered no financial loss, the court held that his legal right had been violated and awarded nominal damages.
Rookes v. Barnard
The court laid down the situations in which exemplary damages may be awarded, particularly when the defendant’s conduct is oppressive or intended to make a profit through wrongful acts.
Bhim Singh v. State of Jammu & Kashmir
Bhim Singh, a Member of the Legislative Assembly, was wrongfully arrested to prevent him from attending an assembly session. The Supreme Court awarded exemplary damages because the action of the authorities was oppressive.
Subhas Chandra v. Ram Singh
The plaintiff suffered serious injuries in a bus accident and became permanently disabled. The court awarded compensation including damages for future loss of employment opportunities.
Distinction / Comparison
| Basis | General Damages | Special Damages |
|---|---|---|
| Nature | Presumed by law to arise naturally from the wrongful act | Must be specifically proved in court |
| Proof | Proof of exact amount may not be necessary | Exact loss must be shown with evidence |
| Example | Pain, suffering, and medical expenses | Nervous shock or specific financial loss |
Practical Example
A person is injured in a road accident caused by negligent driving. The court may award compensation for medical expenses, pain and suffering, and loss of income. If the injury causes permanent disability affecting future employment, the court may also award prospective damages.
Summary
- Damages are monetary compensation awarded for injury caused by a wrongful act.
- They aim mainly to compensate the injured person.
- Damages may be general or special depending on whether proof is required.
- Major types include nominal, contemptuous, substantial, exemplary, and prospective damages.
- Exemplary damages are awarded to punish the defendant in serious cases.
- Courts may also award compensation for future losses caused by the wrongful act.