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:
1. Where 2 distinct rights are violated Brunsdenv 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 as well
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 conduct has 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 criminal law.
ii.Punishing civil wrong
iii.unmerited windfall for the P.
AGGRAVATED DAMAGES
1. 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.
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:
1. Where 2 distinct rights are violated Brunsdenv 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 as well
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 conduct has 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 criminal law.
ii.Punishing civil wrong
iii.unmerited windfall for the P.
AGGRAVATED DAMAGES
1. 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.
