Suit for damages

Different kinds of Damages:

1. Ordinary, General or Compensatorydamages
2. Special damages
3. Exemplary, Punitive or Vindictive damages
4. Nominal damages.
Rules regarding the Measure of Damages
1. Damages are compensation for lossNot punishment of the guilty.
2. Injured party to be put in the sameposition as though contract wasperformed.
3. Only the actual loss arising out of breach.
4. Special or remote damages are allowedonly if it was in the knowledge of botht
he parties.
5. Difficulty of assessment of damages doesnot prevent their recovery.
Rules for measure of damages (contd.)
6. If no real loss arises from breach, onlynominal damages awarded.
7. If sum payable in case of breach is fixedin advance, reasonable compensation
notexceeding such amount is allowed.
8. Exemplary damages allowed only forbreach of marriage contract and bank swrongfu
l refusal to honor customer sCheque.
9. Injured party s duty to minimise damage.10.Costs of decree allowed to injured p
arty.