Q # 07: Discuss different kinds of damages in tort.

1) Introduction
 Damages are a legal or judicial remedy in the law of tort. It is duty of court to grant damages
to the injured person by wrong doer against the violation of rights recognized by the law.
Damages in law of tort is usual remedy it is the money compensation which being paid by
wrong doer at the time when injured person claims for loss or violation of his rights. It is also
called compensatory damages and details of its different kinds are being provided as under

2) Meaning of damages
 Damages is the compensation in the form of money

3) Definition of damages
 It is such penalty when injured person is compensated in form of money by the wrong doer
against violation of his right through court of law is called damages

4) Objectives of damages
Following are the main objectives of the damages

 The objectives of damages in law of tort is 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 wrong doer
 The second objective of damages in the law of tort is to build a financial pressure on wrong
doer
 The third objective of remedy in the law of tort is to stop those who intentionally or
negligently violates the right of others
 The fourth objective is the satisfaction of injured person

5) Difference between damage and damages

Following is the difference between damage and damages. Details are as under
1. Damage
 Damage means loss which a person suffers in result of wrong done against him, loss may be
of money, reputation, goodwill, health or service

2. Damages
 It is such penalty when injured person is compensated in form of money by the wrong doer
against violation of his right through court of law is called damages
6) Kinds of damages
Following are the kinds of damages. Details of all kinds are being given below

1. General damages
 General damages are those damages which cannot be calculated with the value of money,
such as pain, 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 wrong doer to the injured
person against violation of his rights which legally has been recognized

2. Special damages
 Special damages are those damages which can be calculated with the value of money, such
as medicine bills, or repair cost 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 wrong doer to the injured
person against violation of his rights which legally has been recognized

3. Exemplary damages
 Exemplary damages are those damages when injured person is not compensated for his loss
because object of this damage is to punish the wrong doer for his wrongful act against
injured person as well as keep him away from committing future wrongs. Sexual harassment
or fraud schemes come under this category

4. Real damages
 Real damages are those damages which actually have occurred as a result of 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 wrong doer 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.

5. Nominal damages
 Nominal damages are those damages when there is no actual injury or money loss. But
court takes a legal action against violation of legal rights because the object of these
damages is to provide protection to a person from repeated violation of his rights by wrong
doer.

6. 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 wrong doer. In this case when injured
person sue in the court for compensation of his loss and it is not possible to convert the
 damages in significant sum of money is called contemptuous damages. But in different
countries a various rules have been set up for contemptuous damages

7) 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 nature of injury for a particular case. Keeping in
view above mentioned all scenario’s court measures the depth of the damages as well as
compensate to the injured person by wrong doer against his loss suffered

8) Importance of remedy of damages

 The nature of the damages is compensatory. It is more important to award 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 a
financial pressure upon wrong doer which stops him to commits wrongs in future

9) When damages is not applicable

Following wrongs are not tort while these come under crime category and there is no legal remedy
for such kind of violations because these are punishable crimes

1) Criminal wrongs
2) Breach of contracts
3) Breach of trust

 Example
 If A enters into the land of B without permission of B. A has committed tort of trespass.

10) Nature of tort

 It is difficult to define the nature of law of tort. The law of tort is a part of civil law, that’s
why it has no remedy for all wrongs and for all losses. According to its nature, law of tort
determine that when law should grant compensation for damages and when law should not
grant compensation for damages

11) Conclusion
 Damages are the amount of compensation in the shape of money which is given by the
wrong doer through the court of law against violation of rights of others. Such kind of
compensation helps the injured person to sustain his position same as before the
commission of the wrongful act. These damages are helping injured persons and helps to
stop wrong doer for committing wrongs in future it only can be possible by making a
financial pressure in the form of compensation by money through the court