DAMAGES
~ Remedies in Tort Law ~
1. Definition
Monetary award to compensate claimant (C) for loss, injury, or damage caused by defendant (D).
2. Types of Damages:
Special / Pecuniary (Past, calculable losses): medical bills, repair costs, lost earnings (Cunningham v Harrison [1973], Donnelly v Joyce [1972]).
General / Non-Pecuniary (Future, non-quantifiable): pain, suffering, loss of amenity, future care, adaptations (Wells v Wells [1999] – multiplier × multiplicand).
Aggravated: extra for distress caused by D’s conduct (Bull v Donna Desporte [2019]).
Exemplary / Punitive: punish or deter, focus on D’s conduct (Rookes v Barnard [1964]).
Nominal: rights infringed but little/no harm.
Contemptuous: trivial sum, shows court disapproval.
Provisional: allows return to court if condition worsens (Supreme Court Act 1981 s.32A).
3. Structure of Payment:
Lump sum: traditional one-off payment.
Structured / Periodic: ongoing payments, reassessable (Damages Act 1996).
