Documente Academic
Documente Profesional
Documente Cultură
YEAR
MARKS
QUINTION
April 2015
14
March 2014
Types of Damages
Damages may be of four types as shown in the following chart;
1) Ordinary damages:
Example:
2) Special damages:
Example:
4) Nominal damages:
Example:
B)
Example:
2:
3:
4:
4) Mitigation of damages:
It is the duty of the injured party to take all reasonable steps to
mitigate the loss caused by the breach. He cannot claim to be compensated
by the party in default for loss which he ought reasonably to have avoided.
That is he cannot claim compensation for loss which is really due not to the
breach but due to his own neglect to mitigate the loss after the breach. This
rule is incorporated in the explanation to (sec.73).
5) Difficulty of assessment:
Although damages which are incapable of assessment cannot
be recovered, the fast that they are difficult to assess with certainty or
precision does not prevent the aggrieved party from recovering them. The
court must do best to estimate the loss and a contingency may be taken into
account.
Example:
6) Cost of decree:
The aggrieved party is entitled, in addition to damages, to get
the cost of getting the decree for damages. The cost of suit for damages is in
the discretion of the court.
Example:
1) N. D. KAPOOR
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