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TYPES OF DAMAGES

INTRO
Damages are one of the legal remedy. Damage can be defined as something that you had been suffered and court grants you an award for those damages. In order to claim for damage, plaintiff must prove that a tort has occurred and suffered damage. There were types of damages that can be awarded in law of tort and this type is to further understand what kind of damages that can be awarded in the application of remedies.

GENERAL AND SPECIAL DAMAGES


1)

General damages consequence of a tort amounts of damages are not fixed example of an award for general damages is damages for pain, suffering, tort of liable and slander. Ong Ah Long v Dr S Underwood.

2) Special damages not arise from the consequences of a tort plaintiff must give full details and notice in his pleadings. needs to prove for damages like in the circumstances tort of negligence, nuisance, and slander. amount of damages is fixed. Rylands v Fletcher.

CONTEMPTUOUS DAMAGES
court fells to award the damages towards plaintiff when plaintiff do not have a good claim. when courts do not support the plaintiff claims and the amount of awards will usually be the smallest. morally of the courts to award the damages when they consider that plaintiff deserved the damages in liable, assault, trespass and false imprisonment.

NOMINAL DAMAGES
plaintiff do not suffered any loss or damages but can proves that defendant had committed offences under law of tort. only applied in tort of actionable per se Guan Soon Tin Mining Co v Wong Fook Kum The reason = order the defendant pay the plaintiffs court costs.

EXEMPLARY DAMAGES
punitive damages. It can consider as damages that the court awards when there is unreasonable behaviour in part of the defendant. intention of the courts is to give a lesson and punish the wrongdoer.

AGGRAVATED DAMAGES
This damages awarded when the plaintiff has suffered injury or loss, such as feeling of shame, smear on his reputation, pain and others injury towards his feelings. It will consider the defendant conduct and his motive. Example of damages is tort of libel and defamation. Roshairee Abdul Wahab v Mejar Mustafa Omar & Ors.