UNIVERSITY OF PETROLEUM & ENERGY

STUDIES
COLLEGE OF LEGAL STUDIES
BA., LLB (HONS.)
SEMESTER III
ACADEMIC YEAR: 2014-15

SESSIONS: JULY-DECEMBER

PROJECT WORK

FOR
Law of torts
(LLBL241)
Topic:-Damages as constituents of torts
Under the Supervision of: Pooja Gautam
NAME:

_______ABHINAV_________

SAP NO: _______500028450________
ROLL NO
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TABLE OF CONTENTS
Introduction………………………………………………………………………
3

Objective of law of
tort…………………………………………………………………..3
 Constituents of
torts……………………………………………………………………...4

Damage…………………………………………………………………………...
5
 Damage in



contract……………………………………………………………………....5
Damage in
torts…………………………………………………………………………..6
Proof of loss and
damages……………………………………………………………….6
Loss……………………………………………………………………………………..
.6
Injury……………………………………………………………………………………
..6

Legal Maxim………………………………………………………….
…………..8
 Injuria sine
damno………………………………………………………………………..8
 Damnum sine
injuria……………………………………………………………………..8

Type of damages in torts…………………………………………………………
10
 Nominal
damages………………………………………………………………………..10
 Compemptuous
damages……………………………………………………………….10
 Compensatory
damages………………………………………………………………….11

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13   Approach towards pain and suffering……………………………………………………14 Punitive damages………………………………………………………………………. Aggraviated damages…………………………………………………………………….16  The egg shell skull rule………………………………………………………………… 17 Conclusion………………………………………………………………………..11  Punitive damages……………………………………………………………………… 12 Quantum of damages……………………………………………………………..15 Remoteness of damages………………………………………………………….. 18 3 | Page .

com/sjba/archive/2012/January/pdf/Nakpodia.edu/6871868/TORT_TOPIC_1_INTRODUCTION_Definition_Nature_and_Sc ope on 12 nov. they are called joint tortfeaser.academia. It implies conduct that is twisted or crooked. Of the various attempts to define tort. 2014 at 5:50 pm 4 | Page . To prevent the continuation or repetition of harm e. Their wrongdoing is called tortuous act and they are liable to be sued jointly and severally. Salmond defines tort as a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively the breach of a contract or the breach of a trust or other merely equitable obligation. To determine rights between parties to a dispute. by giving orders of injunction. A person who commits a tort is known as a tortfeaser. 3 Retrived from http://scholarly-journals. It is derived from the Latin word tortum. Grants of exemplary damages in certain cases will show that deterrence of wrong doers is also another aim of the law of tort.2 The principle aim of the Law of tort is compensation of victims or their dependents. which means twisted or crooked.blogspot.pdf on 12 nov.1 A tort arises due to a person’s duty to others in generally which is created by one law or the other.g.html on 12 nov. 1 Retrived from http://indiantortnotes. To protect certain rights recognized by law e. a person's reputation or good name.g. 2014 at 5:45 pm.INTRODUCTION The word tort is of French origin and is equivalent of the English word wrong. and the Roman law term delict. It is commonly used to mean a breach of duty amounting to a civil wrong.in/2013/08/constituents-of-tort. ii. iii. or a wrongdoer. Salmond's definition is rather popular. 2014 at 5:40 pm. 2 Retrived from https://www.3 OBJECTIVES OF LAW OF TORTS i. Where they are more than one.

To restore property to its rightful owner e.g. A protected interest gives rise to a legal right.asp on 13 nov.iv. which in turn gives rise to a corresponding legal duty. To constitute a tort or civil injury therefore: 1. The wrongful act or omission may however not necessarily cause actual damage to the plaintiff in order to be actionable.lawyersclubindia. where property is wrongfully taken away from its rightful owner. An act. The wrongful act must be of such a nature as to give rise to a legal remedy in the form of an action for damages. The wrongful act or omission must give rise to legal damage or actual damage and 3. which infringes a legal right.2014 at 6:30 pm. Certain civil wrongs are actionable even though no damage may have been suffered by the plaintiff4 4 Retrived from http://www. 5 | Page .com/articles/Analysis-of-the-term-Wrongful-Act-as-aconstituent-of-a-Tort-Claim-5261. 2. There must be a wrongful act or omission. CONSTITUENTS OF TORT The law of tort is fashioned as an instrument for making people adhere to standards of reasonable behavior and respect the rights and interests of one another. is wrongful act but not every wrongful act is a tort.

as an action for a slanderous word.7 Damages in contract A contract is an agreement between two or more parties.pdf on 12 nov. 6 Every injury.net/~smith/tdamages. Likewise a man shall have an action against him who rides over his ground.5 There must be violation of a legal right in cases of tort. but simply by hindering the right. the injury or wrong is not complete unless the violation of the right results in actual or special damage. though may not have cost the victim a penny.blogspot. In case of qualified right.in/2013/08/constituents-of-tort.DAMAGE The sum of money awarded by court to compensate damage is called damages. injury or wrong i. If one party does not follow their part of the contract. tortuous act is complete the moment the right is violated irrespective of whether it is accompanied by an actual damage. 2014 at 5:40 pm. thus imports damage. Legal damage is not the same as actual damage. 2014 at 5:50 pm 6 Retrived from http://www. though a man does not lose a penny by speaking them yet he shall have an action. 2014 at 6:45 pm 7 Retrived from http://indiantortnotes. for it is an invasion of his property and the other trespasser has no right to come there.htm on 13 nov. 6 | Page .com/sjba/archive/2012/January/pdf/Nakpodia. either individuals or companies.html on 12 nov. Every infringement of the plaintiff’s private right or unauthorized interference with his property gives rise to legal damage. Damage means the loss or harm caused or presumed to be suffered by a person as a result of some wrongful act of another. Every absolute right. though it does him no damage. then they may be liable to 5 Retrived from http://scholarly-journals.e.west.

edu/6871868/TORT_TOPIC_1_INTRODUCTION_Definition_Nature_and_Sc ope on 12 nov.lawyersclubindia.11 Loss 8 Retrived from http://www.west. A claim in tort gives rise to unliquidated damages.net/~smith/tdamages. 9 In this instance.htm on 13 nov. As in contract. 11 Retrived from https://www. Documentation such as medical bills and receipts will be helpful in proving the claimant’s case.pay damages to the other.8 Damages in tort A tort is a civil wrong done by one party to another. that is.academia.2014 at 6:30 pm. 9 Retrived from http://www.10 Proof of loss and damage In order to be awarded damages. damages in tort are awarded to place the plaintiff in the position in which he or she would have been had the tort not been committed. 2014 at 5:40 pm.asp on 13 nov. 7 | Page . where one person makes false comments or statements about another person. the amount of loss is capable of being calculated. the claimant (the person bringing the claim) will need to prove that he or she has suffered loss or damage as a result of the breach of contract or the wrong committed by the defendant.asp on 13 nov. The aim of damages in contract law is to place the innocent party in the position which he or she would have been in if the contract had been followed.lawyersclubindia.com/articles/Analysis-of-the-term-Wrongful-Act-as-aconstituent-of-a-Tort-Claim-5261. 2014 at 6:45 pm 10 Retrived from http://www. An example of a tort is defamation. This means that the claimant will have to prove to a judge (or jury) that what they claim happened actually did happen. money will be awarded to the second person to compensate them for the harm done to their reputation. the worth of the damage can only be estimated.com/articles/Analysis-of-the-term-Wrongful-Act-asa-constituent-of-a-Tort-Claim-5261. not calculated exactly. Damages in contract law will often be liquidated damages.2014 at 6:30 pm.

This type of injury can include the aggravation.net/~smith/tdamages.com/sjba/archive/2012/January/pdf/Nakpodia. acceleration or recurrence of a pre-existing injury. 2014 at 5:50 pm 13 Retrived from http://www. Injury can also mean physical damage to goods or property. damage to crutches or aids of a similar nature. 2014 at 6:45 pm 8 | Page . which will often be considered as having a monetary value. then you may have suffered a loss of income.htm on 13 nov. If you have suffered an injury that prevents you from working. A common example of loss is that arising in personal injury cases. Injury can also mean interference with a legal right.12 Injury Injury can mean physical or mental damage to a person. nervous shock. In the case of mental injury. An example of this could be trespass to land. If you win your case and prove that you have not received income for a certain time period.13 12 Retrived from http://scholarly-journals.pdf on 12 nov. the injury must be serious enough to amount to an identifiable psychiatric injury– merely being upset will not be enough to have a claim for damages. but does not require proof of damage. then you will be entitled to compensation for your loss. psychological or psychiatric injury. where the trespasser does not otherwise cause any damage.Loss is damage.west. prenatal injury. death resulting from injuries and disease. It is once this loss occurs that an action for damages or compensation can be brought. or suffering flowing from the act or omission of another. detriment.

. trespass on land. INJURIA SINE DAMNO This means an infringement of a legal private right without any actual loss or damage. therefore. false imprisonment. actual perceptible damage is not. loss of comfort.LEGAL MAXIMS The real significance of legal damage is illustrated by two maxims namely: Injuria sine damno and Damnum sine injuria. Thus in cases of assault. The court is bound to award to the plaintiff 9 | Page . and an infringement of this right is actionable per se. and to his liberty. It is sufficient to show the violation of a right in which case the law will presume damage. Every person has an absolute right to property. Damnum is meant damage in the substantial sense of money. By injuria is meant a tortuous act. battery. essential as the foundation of an action. In such a case the person whose right has been infringed has a good cause of action. health or the like. libel. to the immunity of his person. service. It is not necessary for him to prove any special damage because every injury imports a damage when a man in hindered of his right. the mere wrongful act is actionable without proof of special damage. etc.

17 In Gloucester Grammar School Master Case.18 14 Retrived from http://scholarly-journals.php/law-of-torts/2-uncategorised/251damnum-sine-injuria on 14 nov.pdf on 12 nov. The damage suffered was mere Damnum absque injuria or damage without injury.com/sjba/archive/2012/January/pdf/Nakpodia. 10 | P a g e . 2014 at 5:50 pm 15(1703) 92 ER 126 16 Retrived from http://lawstudentshelpline.16 They are instances of damage suffered from justifiable acts. This principle was firmly established by the election case of.at least nominal damages if no actual damage is proved.in/ on 12 nov.edu/6871868/TORT_TOPIC_1_INTRODUCTION_Definition_Nature_and_Scope on 12 nov. White.15 in which the plaintiff was wrongfully prevented from exercising his vote by the defendants. DAMNUM SINE INJURIA There are many acts which though harmful are not wrongful and give no right of action to him who suffers from their effects. it had been held that the plaintiff school master had no right to complain of the opening of a new school. Still the plaintiff brought an action claiming damages against the defendants for maliciously preventing him from exercising his statutory right of voting in that election. 2014 at 7:30 17 Retrived from http://damnumsineinjuria.com/index. The candidate from whom the plaintiff wanted to give his vote had come out successful in the election. Damage without breach of a legal right will not constitute a tort.blogspot. The plaintiff was allowed damages by Lord Holt saying that there was the infringement of a legal right vested in the plaintiff. 2014 at 5:50 pm 18 Retrived from https://www. An act or omission committed with lawful justification or excuse will not be a cause of action though it results in harm to another as a combination in furtherance of trade interest or lawful user of one’s own premises. 2014 at 5:40 pm.14 Ashby v. Damage so done and suffered is called Damnum Sine Injuria or damage without injury. returning officers in parliamentary election.academia.

The amount awarded is ordinarily a trifling sum. though they cause great loss or detriment. The court held that a trader who is ruined by legitimate competition of his rivals could not get damages in tort. in which a mill owner drained off underground water running into the plaintiff’s well. TYPES OF DAMAGES IN TORT NOMINAL DAMAGES: Nominal damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated. vs.blogspot.19 There are moral wrongs for which the law gives no remedy. In order to drive a ship-owner out of trade by offering cheap freight charges to customers who would deal with them. for loss caused to him by their act.in/ on 12 nov. which varies according to the circumstances of each case. fully illustrate that no action lies from mere damage. The plaintiff who was driven out of business sued the ship-owner. Loss or detriment is not a good ground of action unless it is the result of a species of wrong of which the law takes no cognizance. Blundell.20 19 Retrived from http://damnumsineinjuria. the amount of the award might include the costs of the lawsuit. however substantial. This kind of damages reflects a legal recognition that a plaintiff's rights have been violated through a defendant's breach of duty or wrongful conduct. In the case of Mogul Steamship Co. Certain ship owners combined together. 2014 at 5:50 pm 11 | P a g e . Me-Gregory (1892). such as a dollar. caused without the violation of some right.In Acton v. In certain jurisdictions.

although in some jurisdictions it may equal the costs of bringing the lawsuit.pdf on 12 nov. Green’s dog wanders onto Brown’s property one day and relieves himself.In general.21 The most famous case of nominal damages was when Prime Minister Winston Churchill was awarded a shilling (about 25 cents) in a libel lawsuit he had brought against author Louis Adamic for writing that Churchill had been drunk during a dinner at the White House. Let us consider the example: Green and Brown are next-door neighbors who have never gotten along. It is to be distinguished from nominal damages because nominal damages are awarded when the plaintiff has suffered no loss. The court finds that Brown was technically legally correct and thus he must win the lawsuit. nominal damages may be recovered by a plaintiff who is successful in establishing that he or she has suffered a loss or injury as a result of the defendant's wrongful conduct but is unable to adequately set forth proof of the nature and extent of the injury. to make this statement to Brown. 2014 at 5:50 pm 21 Retrived from http://legal-dictionary. symbolic sum.22 COMPENSATORY DAMAGES: 20 Retrived from http://scholarly-journals. but the jury could not find that his towering reputation had been damaged. in that the successful plaintiff is made to pay damages for bringing the lawsuit. Brown steps in the dog’s feces.com/Legal+damages on 12 nov. The court will award damages in the amount of the smallest monetary amount. and sues Green for trespass and for failing to control his dog.com/sjba/archive/2012/January/pdf/Nakpodia. 2014 at 5:50 pm 12 | P a g e . The amount awarded is generally a small.thefreedictionary. whereas contemptuous damages are awarded when the plaintiff has suffered some loss but he does not deserve to be fully compensated. but that the lawsuit was rather ridiculous and wasted everybody’s time. is disgusted. The Prime Minister was vindicated. They are the mirror image of nominal damages. CONTEMPTUOUS DAMAGES: Contemptuous damages are awarded when the level of harm caused to the claimant is low and the court feels that the claimant was wrong to bring a claim.

or both. Punitive damages bear no relation to what the 22 Retrived from http://scholarly-journals. can properly be the basis for the making of an award for non-pecuniary losses or for the augmentation of such an award. malicious. loss of faith in friends or colleagues. These damages provide a plaintiff with the monetary amount necessary to replace what was lost and nothing more. damaged self-confidence or self-esteem. and similar matters that are caused by the conduct of the defendant. 2014 at 5:50 pm 13 | P a g e . and they are measured by the plaintiff's suffering. anguish. or an augmentation of an award. vindictive. that they represent a significant influence on the plaintiff's life. which does not include punitive damages (to be discussed later). Such intangible elements as pain. grief. of compensatory damages for non-pecuniary losses. the court may take into account the motive for the wrong and award an increased amount of damages. They are awarded where the court feels that the award of compensatory damages will not achieve sufficient deterrence and that the defendant's actions must be further punished. or duration. “Aggravated damages are an award. They are designed to compensate the plaintiff. and oppressive. that are of the type that the defendant should reasonably have foreseen in tort cases or had in contemplation in contract cases.Compensatory damages are recovered in payment for actual injury. and that are sufficiently significant in depth. detriment or injury suffered as a result of the unlawful conduct of another.com/sjba/archive/2012/January/pdf/Nakpodia.pdf on 12 nov. that cannot be said to be fully compensated for in an award for pecuniary losses.” Aggravated damages are an augmentation of general damages to compensate for aggravated injury. When insult or injury to the plaintiff’s feelings has been caused. It is a sum of money awarded in a civil action by a court to indemnify a person for the particular loss. PUNITIVE DAMAGES: Punitive damages are triggered by conduct that may be described by such epithets as highhanded. wounded pride. humiliation. AGGRAVATED DAMAGES: Damages awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.

are designed to punish. the Indian court will look to similar cases that may enable comparison.24 As explained by McIntyre. 2014 at 5:50 pm 14 | P a g e . In this. India adopts a compensatory method and advocates "full and fair compensation" in all cases. In determining the quantum of damages. 2014 at 5:50 pm 24 Retrived from http://scholarly-journals.plaintiff should receive by way of compensation..wisegeek. "Punitive damages.com/what-are-the-different-types-of-tort-damages.pdf on 12 nov. not to punish the wrongdoer” QUANTUM OF DAMAGES Damages in the law of torts in India are premised on the concept of restituto in integrum.htm on 12 nov. It is important to emphasize that punitive damages should only be awarded in those circumstances where the combined award of general and aggravated damages would be insufficient to achieve the goal of punishment and deterrence. J.com/sjba/archive/2012/January/pdf/Nakpodia. but rather to punish the defendant. 23 Retrived from http://www. as the name would indicate.23 They are in the nature of a fine which is meant to act as a deterrent to the defendant and to others from acting in this manner. they constitute an exception to the general common law rule that damages are designed to compensate the injured. Their aim is not to compensate the plaintiff.

hospital and nursing expenses. Loss of expectation of life. the fair and just amount represents "the number of years' purchase on which the loss of dependency is capitalized. Then allowance to scale down the multiplier would have to be made taking into account the uncertainties of the future. However. 3. For instances of pecuniary damages with regards to personal injury. the following will be taken into consideration: 1. Medical. Aggravated damages may be awarded to compensate victims for their wounded feelings in tortuous cases in certain cases. In instances of non-pecuniary loss. Loss of amenities or capacity for enjoying life.India’s formulation of damages for tort cases is premised on the multiplier method. the following heads will be taken into account: 1. safety and pride". Under the multiplier method. 2. 2014 at 5:40 pm. Pain and suffering. in so calculating. 15 | P a g e . Loss of earning. 2. The loss of matrimonial prospects. The allowance for immediate lump sum payment the period over which the dependency is to last being shorter and the capital feed also to be spent away over the period of dependency is to last."25 The multiplier principle is encapsulated in a statutory form for tortuous cases involving personal injuries caused by motor vehicles. and 4. under the Motor Vehicle Act. Loss or impairment of physiological function.academia. These damages are determined by examining if the defendant's conduct aggravated the plaintiff's damage by injuring "feelings of dignity. awarding compensation based on the degree of compromise to the earning ability of the victim. the court will take into account inflation in calculating damages. and 3.edu/6871868/TORT_TOPIC_1_INTRODUCTION_Definition_Nature_and_Scope on 12 nov. 25 Retrived from https://www.

com/sjba/archive/2012/January/pdf/Nakpodia. but also for pain and suffering”. The sum awarded must to a considerable extent be conventional. Punitive damages Being influenced by Rookes v Barnard. Regard must be had to awards made in comparable cases.pdf on 12 nov. Cases where the plaintiff is injured by the oppressive.Approach towards 'pain and suffering' In analyzing pain and suffering. medical treatment required. This view comes close to that expressed by Lord Scarman in Lim Poh Choo v Camden and Islington Area Health Authority. and 3. the India Court ruled that punitive damages can be awarded in only three categories: 1. and 3. In cases of victims who were unconscious. The reason for so doing is that it "looks strange that wrongdoer whose negligence makes the victim unconscious is placed in a more advantageous position than one who inflicts a lesser injury which does not render the victim unconscious"26 There are three guiding principles in measuring the quantum of compensation for pain and suffering: 1. psychological stress and long-term physical and emotional scars. one must award not only for the “loss of amenities and loss of expectation of life. Where provided by statute. Such damages are awarded not as a matter of “solace”. difference being that an award must be "made even for pain and suffering in case of unconscious plaintiffs". several factors such as severity of injury. would be taken into account. Cases in which the defendant’s conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff. 26 Retrived from http://scholarly-journals. Amount of compensation awarded must be reasonable and must be assessed with moderation. arbitrary or unconstitutional action by a servant of the Government 2. 2. 2014 at 5:50 pm 16 | P a g e .

The reasoning given was that it "would deter people from similar behavior in the future”. In an environmental tort case. the defendant was made to pay exemplary damages “so that it may act as deterrent for others not to cause pollution in any manner”. this stand has since shifted with an expanding tort jurisdiction.However. The Supreme Court accepted a Committee's suggestion to evolve a "principle of liability – punitive in nature – on account of vandalism and rioting”. REMOTENESS OF DAMAGE 17 | P a g e .

The claimant appealed. Some cotton debris became embroiled in the oil and sparks from some welding works ignited the oil. Not every loss will be recoverable in tort law.uk/Remoteness-of-damage. leaked furnace oil at a Wharf in Sydney Harbour.co.27 Remoteness of damage is often viewed as an additional mechanism of controlling tortuous liability. The fire spread rapidly causing destruction of some boats and the wharf.Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. The defendant was liable for all the direct consequences of their action. The plank struck something as it was falling which caused a spark. This was largely considered unfair as a defendant could be liable for damage which was not foreseeable and therefore could not take steps to prevent it.php on 13 nov 2014 at 7:00 pm 28 1 [1961] AC 388 18 | P a g e . The spark was ignited by petrol vapours resulting in the destruction of the ship. In negligence claims. they must also demonstrate that the damage was not too remote. once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage. Held: 27 Retrived from http://e-lawresources. Remoteness of damage must also be applied to claims under the Occupiers Liability Acts and also to nuisance claims. Held: There was no requirement that the damage was foreseeable. The Wagon Mound. The direct consequence test was overruled in the Wagon Mound no 1 and replaced with a new test for deciding if damages are too remote: The Wagon Mound no 1 [1961] AC 388 House of Lords28 The defendant's vessel. Originally a defendant was liable for all losses which were a direct consequence of the defendant's breach of duty: In Re Polemis & Furness Withy & Company Ltd. The arbitrator held that the causing of the spark could not have been anticipated and therefore no liability arose. [1921] 3 KB 560 Some Stevedores carelessly dropped a plank of wood into the hold of a ship.

no matter whether the extent of damage was foreseeable. I.Re Polemis should no longer be regarded as good law. If a foreseeable type of damage is present. The claimant was not physically injured in the collision but the incident triggered his ME and had become chronic and permanent so that he was unable to return to his job as a teacher.e. 29 [1996] 1 AC 155 19 | P a g e . A test of remoteness of damage was substituted for the direct consequence test. He was successful at his trial and awarded £162. the defendant is liable for the full extent of the damage. The Egg shell skull rule A final aspect of remoteness of damage is the egg shell (or thin) skull rule. The test is whether the damage is of a kind that was foreseeable. if the victim is particularly vulnerable or has a pre-existing condition resulting in them suffering greater injury than would be expected in an ordinary person. Held: Provided some kind of personal injury was foreseeable it did not matter whether the injury was physical or psychiatric.000 in damages. the defendant remains responsible for the full extent of the injury: Page v Smith29 [1996] 1 AC 155 House of Lords The claimant had suffered from ME over a period of time and was in recovery when he was involved in a minor car accident due to the defendant's negligence. There was thus no need to establish that psychiatric injury was foreseeable. Also the fact that an ordinary person would not have suffered the injury incurred by the claimant was irrelevant as the defendant must take his victim as he finds him under the thin skull rule. This means a defendant must take their victim as they find them.

Hence applicability of its various aspects is also limited in the country.CONCLUSION The Law of Torts is not well developed in India as in countries like the United States of America and the United Kingdom. 20 | P a g e . it can be seen that all the rules for the purpose of damage calculation are not predominantly utilized. Economic analysis has greatly enriched our understanding of damage rules. This will lead to a decrease in ambiguities that we come across in various cases regarding the calculation of compensation. Damages form a very integral part of Tort Law. helping victims spread risks and compensating them for their losses. The Legislature should come up with sufficient and practical rules and theories for computation of quantum of damages. This has also helped us to design tort liability and design rules. It is suggested that at present damage awards for serious personal injury and death generally are not sufficiently large to induce potential injurers to take due care and engage in optimal activity levels. It reveals that damages serve a complex and multi-faceted role: deterring risk takers. While considering the situation in India. which can guide legislators and courts as they design tort liability and damage rules.