Compensatory damages (3 types)

Question 1

Compensatory damages

Answer 1

The aim of compensatory damages is to restore the party whose rights have been infringed as far as possible to the position they were in before the infringement occurred

Includes Specific, General and Aggravated

Question 2

Special damages

Answer 2

Aims to compensate for the losses that are quantifiable and have a precise monetary value and can be easily calculated

Includes: Medical expenses, Loss of wages, Property damage and loss of profits, loss of assets or property

Question 3

General damages

Answer 3

Aim to compensate for losses that are not easily quantifiable and will be calculated by the court based on evidence

examples: pain and suffering, Long term job prospects, loss of amenity, physical impairment or disfigurement, mental health or psychological injuries

Question 4

Aggravated damages

Answer 4

Aggravated damages are awarded where the court believes the plaintiff suffered humiliation, embarrassment or insult because of the defendants conduct (cruelness)

Examples include: Humiliation, distress, embarrassment or insult