UNIT 6 DAMAGES UNDER TORTIOUS ACTION

Principle: compensate the plaintiff for loss (pecuniary or non-pecuniary) sustained as a result of defendants tort.
Restitution in integrum. Lord Blackburn: that sum of money which will put the party who has been injured or who
has suffered in the same position as he would have been in if he had not sustained the wrong for which he is not
getting his compensation or reparation.

Damage recoverable once only

damages in respect of a wrongful act must be recovered once and for all. He cannot bring a second action
upon the same facts simply because his injury proves to be more serious than was thought when the
judgement was given.
fetter v. beale

Where two distinct rights are violated

brunsden v. humphrey
plaintiff can bring in successive actions in respect of those rights, having recovered damages in an action in
respect of damages to his cab, the plaintiff brought a second claim for personal injuries.

Mitigation of losses
plaintiffs duty to mitigate loss. Damages are recoverable for such losses as the plaintiff has avoided by
taking action subsequent to the tort. The general principle of compensation implies that he can claim only
for losses actually sustained.

Kinds of Damages:

Contemptuous: amount awarded is derisory (too insignificant). The court has formed a very low opinion on
the plaintiffs bare legal claim, or that his conduct was such that he deserved, morally, what the defendant
did to him.
Nominal: awarded when plaintiffs legal right has been infringed but he has suffered no actual damage.
Constantine v. Imperial Hotel Ltd.
Exemplary: punitive and deterrent from similar behaviour in future; Thompson v. metropolitan police
commissioner
Aggravated: truly compensatory;
Restitutionary: unjust enrichment; restitution of benefits obtained through wrongs.

Action for Personal injury:

Non-Pecuniary loss;
(i) pain and suffering
(ii) loss of amenity; h. west v. shepherd
(iii) injury

Pecuniary loss;
lump sums, procedural payments and structural settlements
(i) loss of earnings

Computation of damages:

Total of damages
Lost years
Deductions; benefits received
Expenses

Actions for loss/damage to property:

Loss: the plaintiff is entitled to such a sum of money as would enable him to purchase a replacement in the
market at the prices prevailing at the date of destruction or as soon thereafter is reasonable. Restitutio in
Integrum
Damage: where property is damaged, the normal measure of damages is the amount by which its value has
been diminished, and in cases of ships and other chattels this will usually be ascertained by reference to the
cost of repair.

Lim Poh Choo v. Camden and Islington area health authority