Damages
March 20, 2023
1 Nominal Damages
• Where a tort is actionable per se (such as the tort of trespass to the person
and the tort of trespass to land), the claimant does not need to prove any
actual damage or loss in order to establish a claim.
• In this kind of situation an award of compensatory damages is not appro-
priate because the claimant has not suffered any actual damage.
• The wrong here is that the claimant’s rights have been infringed, and the
courts recognise this through an award of nominal damages.
• A claimant who recovers nominal damages in this way will usually be
awarded the costs of bringing the claim.
• Nominal damages, then, concern claims that are brought about to vindi-
cate a claimant’s rights.
2 Compensatory Damages
• The guiding principle of damages in tort is to put the claimant in the same
position they would have been in if the tort had not been committed.
• The claimant, therefore, should not profit from the tort that they have
suffered either.
• As the claimant cannot profit from the tort that they have suffered, they
cannot claim damages for losses which they could have avoided by taking
reasonable steps themselves.
• This is the duty to mitigate.
• The claimant who loses their job because of the defendant’s wrongdoing,
but who is still capable of working, should look for alternative employment;
a claimant who unreasonably refused medical treatment would not recover
damages for harm which the treatment would have avoided.
1
, • The One Action Rule means that a claimant can bring only one claim
based on one set of facts.
• So, when a court assesses the claimant’s damages, it must award a single
lump sum to cover both losses already suffered up to the time of trial and
losses which the claimant is expected to suffer in the future.
• Once an award of damages has been made, a claimant cannot go back to
court with a second claim simply because the injury worsens rather than
improves
3 General and Special Damages
• Special damages: those losses which are capable of being calculated pre-
cisely at the time of the trial and which are stated in the form of a calcu-
lation.
• This covers losses that have occurred in the past.
• General damages: those losses which are not capable of being calculated
precisely and are left to the court to determine.
• This will cover losses that will occur in the future.
4 Damages for Personal Injury
• In order to calculate damages for personal injury claims, the courts con-
sider two types of damages.
• Pecuniary losses are those losses which are capable of calculation in money
terms. These losses may have been suffered pre or post trial.
• These damages, then, will consist of special and general damages.
• Among other things, examples of pecuniary losses are the claimant’s loss
of earnings and medical expenses.
• Non-pecuniary losses are those losses which are not capable of being cal-
culated in monetary terms.
• The main example of non-pecuniary losses is the claimant’s personal injury
which is made up of the pain and suffering and loss of amenity caused by
the injury.
2
March 20, 2023
1 Nominal Damages
• Where a tort is actionable per se (such as the tort of trespass to the person
and the tort of trespass to land), the claimant does not need to prove any
actual damage or loss in order to establish a claim.
• In this kind of situation an award of compensatory damages is not appro-
priate because the claimant has not suffered any actual damage.
• The wrong here is that the claimant’s rights have been infringed, and the
courts recognise this through an award of nominal damages.
• A claimant who recovers nominal damages in this way will usually be
awarded the costs of bringing the claim.
• Nominal damages, then, concern claims that are brought about to vindi-
cate a claimant’s rights.
2 Compensatory Damages
• The guiding principle of damages in tort is to put the claimant in the same
position they would have been in if the tort had not been committed.
• The claimant, therefore, should not profit from the tort that they have
suffered either.
• As the claimant cannot profit from the tort that they have suffered, they
cannot claim damages for losses which they could have avoided by taking
reasonable steps themselves.
• This is the duty to mitigate.
• The claimant who loses their job because of the defendant’s wrongdoing,
but who is still capable of working, should look for alternative employment;
a claimant who unreasonably refused medical treatment would not recover
damages for harm which the treatment would have avoided.
1
, • The One Action Rule means that a claimant can bring only one claim
based on one set of facts.
• So, when a court assesses the claimant’s damages, it must award a single
lump sum to cover both losses already suffered up to the time of trial and
losses which the claimant is expected to suffer in the future.
• Once an award of damages has been made, a claimant cannot go back to
court with a second claim simply because the injury worsens rather than
improves
3 General and Special Damages
• Special damages: those losses which are capable of being calculated pre-
cisely at the time of the trial and which are stated in the form of a calcu-
lation.
• This covers losses that have occurred in the past.
• General damages: those losses which are not capable of being calculated
precisely and are left to the court to determine.
• This will cover losses that will occur in the future.
4 Damages for Personal Injury
• In order to calculate damages for personal injury claims, the courts con-
sider two types of damages.
• Pecuniary losses are those losses which are capable of calculation in money
terms. These losses may have been suffered pre or post trial.
• These damages, then, will consist of special and general damages.
• Among other things, examples of pecuniary losses are the claimant’s loss
of earnings and medical expenses.
• Non-pecuniary losses are those losses which are not capable of being cal-
culated in monetary terms.
• The main example of non-pecuniary losses is the claimant’s personal injury
which is made up of the pain and suffering and loss of amenity caused by
the injury.
2
