Different kinds of damages in tort
- Discuss different kinds of damages in tort.
- Explore the diverse categories of damages in tort law.
- Delve into the various forms of damages applicable in tort cases.
- Examine the different kinds of compensatory awards in tort law.
Introduction
Damages are a legal or judicial remedy in the law of tort. The court must grant damages to the injured person by the wrongdoer against the violation of rights recognized by the law. Damages in the law of tort are the usual remedy. It is the monetary compensation which is paid by the wrongdoer at the time when the injured person claims for loss or violation of his rights. It is also called compensatory damages and details of its different kinds are provided under
Meaning of damages
Damages is the compensation in the form of money
Definition of damages
It is such penalty when the injured person is compensated in the form of money by the wrongdoer against violation of his right through a court of law is called damages
Objectives of damages
The following are the main objectives of the damages
The objectives of damages in the law of tort are the protection of the rights of persons, right of property and right of reputation all are included in
- The primary objective of damages in the law of tort is to compensate the injured person by the wrongdoer
- The second objective of damages in the law of tort is to build financial pressure on the wrongdoer
- The third objective of remedy in the law of tort is to stop those who intentionally or negligently violate the rights of others
- The fourth objective is the satisfaction of the injured person
Difference between damage and damages
Following is the difference between damage and damages. Details are as under
Damage
Damage means a loss which a person suffers in a result of wrong done against him, loss may be of money, reputation, goodwill, health or service
Damages
It is such penalty when the injured person is compensated in the form of money by the wrongdoer against violation of his right through a court of law is called damages
Kinds of damages
The following are the kinds of damages. Details of all kinds are given below
General damages
General damages are those damages which cannot be calculated with the value of money, such as pain and enjoyment of life, general damages are compensation for past, present and future losses.
In this case, the compensation in the form of money is paid by the wrongdoer to the injured person against violation of his rights which legally has been recognized
Special damages
Special damages are those damages which can be calculated with the value of money, such as medicine bills, repair costs etc. and special damages are compensation for past, present or future losses
In this case, the compensation in the form of money is paid by the wrongdoer to the injured person against violation of his rights which legally has been recognized
Exemplary damages
Exemplary damages are those damages when the injured person is not compensated for his loss because the object of this damage is to punish the wrongdoer for his wrongful act against the injured person as well as keep him away from committing future wrongs. Sexual harassment or fraud schemes come under this category
Real damages
Real damages are those damages which have occurred as a result of a wrongful act and those damages can be easily measured with the value of money are called real damages
In this case, the compensation in the form of money is paid by the wrongdoer to the injured person against violation of his rights which legally has been recognized
For example, loss of income because of injury in the shape of medical expenses etc.
Nominal damages
Nominal damages are those damages when there is no actual injury or money loss. But the court takes legal action against the violation of legal rights because the object of these damages is to protect a person from repeated violation of his rights by wrongdoers.
Contemptuous damages
Contemptuous damages are those damages which are very small in value such as one cent or one rupee that occurred after the wrongful act of the wrongdoer. In this case, when an injured person sues in court for compensation for his loss and it is not possible to convert the
damages into a significant sum of money is called contemptuous damages. But in different countries, various rules have been set up for contemptuous damages
Measure of damages
The law of tort has not defined any method for measurement or assessment of damages. It depends upon circumstances, or nature of loss or the nature of injury for a particular case. Keeping in view above mentioned scenario’s court measures the depth of the damages as well as compensates to the injured person by the wrongdoer against the loss suffered
Importance of remedy of damages
The nature of the damages is compensatory. It is more important to award an injured person for his loss or violations of his rights which has been legally recognized by the law of the state. It is compensation in the form of money to the injured person and such compensation builds financial pressure upon the wrongdoer which stops him from committing wrongs in future
When damages are not applicable
Following wrongs are not tort while these come under the crime category and there is no legal remedy for such kind of violations because these are punishable crimes
- Criminal wrongs
- Breach of contracts
- Breach of trust
Example
If A enters into the land of B without permission of B. A has committed the tort of trespass.
Nature of tort
It is difficult to define the nature of the law of tort. The law of tort is a part of civil law, that’s why it has no remedy for all wrongs and all losses. According to its nature, the law of tort determines when the law should grant compensation for damages and when the law should not grant compensation for damages
Conclusion
Damages are the amount of compensation in the shape of money which is given by the wrongdoer through the court of law against violation of the rights of others. Such compensation helps the injured person to sustain his position as before the commission of the wrongful act. These damages help injured persons and help to stop wrongdoers from committing wrongs in future only possible by making financial pressure in the form of compensation by money through the court