In tort law, damages are the monetary compensation awarded to the plaintiff for the harm suffered due to the defendant's wrongful conduct. They can be categorized into several types and we have;
1. Compensatory Damages: These aim to compensate the plaintiff for the actual harm or losses suffered. They can include both economic damages (such as medical expenses, lost wages, and property damage) and non-economic damages (such as pain and suffering, emotional distress, and loss of consortium).
2. Nominal Damages: When the plaintiff has suffered harm but no significant loss, nominal damages may be awarded to acknowledge the infringement of their rights. While the amount awarded is minimal, it serves to vindicate the plaintiff's legal rights. These types of damages are generally awarded at the discretion of the court.
3. Punitive Damages: this is also known as exemplary damages and they are awarded to punish the defendant for particularly egregious conduct and to deter similar conduct in the future. They are typically only awarded in cases involving intentional misconduct or gross negligence. See the case of Nigerian Breweries Plc v. Nwoke (2007) where the courts addressed the principles surrounding punitive damages.
No comments:
Post a Comment