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 DAMAGES IN TORTS
Damages generally can be divided into:

• general damages
• special damages
• compensatory damages
• Nominal damages
• Exemplary damages [or punitive]
• Aggravated damages
• contemptuous damages

Damages generally can be divided into general, special and nominal damages

PERSONAL INJURIES

a) Special damages was defined in CALABAR EAST CO-OPERATIVE

THRIFT and CREDIT SOCIETY LTD v IKOT (1999) 14 NWLR (PT
638) 225 as damages suffered by the plaintiff (or counter-claimant) that is
quantifiable in money's worth. In this case, the respondent, a shoe-maker was
at all material time in possession of a store situate at 10c barracks road,
Calabar- where he kept his machines, tools and implements for his shoe-
making business. He was a paying tenant to one Mr. Etuk, the landlord, and
used part of the apartment for residential purposes.
On 10th May 1980, the second-fourth appellants acting on behalf of the first
appellant without any lawful reason or excuse, broke into and entered the
said store, dismantled the roof thereof and caused considerable damages to
the respondent's goods, machines, equipment and tools of trade. It rained
later on the same day and the said store was flooded. Consequently, the
respondent commenced an action in the High court against the appellant
claiming the sum of ₦53,490.00 damages which was broken down into
₦23,490.00 special damages and ₦30,000.00 general damages.
The appellant's case was that the first appellant as the owner of the afore
said store occupied by the respondent had let out some to Mr. Etuk and after
serving a notice to quit on the said respondent the second to fourth appellant
acting under the directives of Calabar Municipal Government to demolish
 certain structures, proceeded to dismantle the roof of the said store after
giving due notice to all the tenants, including the respondent who was not put
into possession by them. The appellant then counter-claimed against the
respondent for forfeiture of the said store, damages for trespass and
injunction.
After the trial, the trial court gave judgment in favor of the respondent
against the appellants. The appellant's appealed to the court of Appeal failed,
hence this appeal to the supreme court. His appeal was dismissed.
Examples of special damages are damage to clothing, vehicle, medical
expenses, nursing fees, taxi fare to and from hospital and loss of earnings
during the period.
Special damages have to be strictly proved. This is to enable the defendant
prepare his defense and to challenge the claim if he wishes to. If the various
items are claimed under special damages, the plaintiff is entitled to be
awarded any of those items of which sufficient evidence is available even if
he is not able to prove all the items. Where a plaintiff sets out to adduce
evidence in proof of special damages claimed by him and the evidence being
deficient or unsatisfactory, is rejected by the court, the trial court is not
entitled to embark on its own assessment of special damages using its
conceived parameter in place of evidence.
See BADMUS v ABEGUNDE (1999) 11 NWLR (PT 627) 493 (click here
to view case )
b) General Damages
Are such as the law will presume to be direct, natural or probable
consequence of the act complained of the award of general damages is a jury
question as the judge cannot point out any measure by which the damages are
to be assessed except the opinion and judgment of the reasonable man
BADMUS v ABEGUNDE. (click here to view case )
A claim for general damages arises where the plaintiff avers in his pleadings
that some damages had been suffered by him with0ut being in a position to
quantify or calculate its value specifically but ordinarily, the said damage in
any event would be presumed to have resulted naturally from the action of
the defendant.
In a claim for general damages, it is the court that has the responsibility to
calculate what sum of money will be reasonable in the circumstances of the
 case to be awarded to ensure that the court makes a reasonable assessment of
general damages, the plaintiff must advice such evidence showing the
damage resulting from the defendant's action.
c) Exemplary Damages [punitive]
Exemplary damages conveys a punitive element because its object is to
punish the defendant. A plaintiff cannot therefore recover exemplary
damages unless he is the victim of the punishable behavior on the part of the
defendant. See COMPLETE COMMUNICATIONS LTD V ONOH
(1998) 5 NWLR 197 at 221
Exemplary damages are usually awarded where statutes prescribe them and
they are awarded for: oppressive, arbitrary or unconstitutional actions of
servants of the government.
d) Aggravated Damages
Aggravated damages are awarded to a claimant in situations where they have
suffered distress due to the defendant's actions. They have suffered distress
due to the defendant's actions. The purpose of aggravated damages is to
compensate the plaintiff for this distress. In assessing whether aggravated
damages should be granted, the court will consider the conduct from the
plaintiff's perspective. Conduct that causes the plaintiff to suffer shame or
humiliation and causes injury to their dignity or pride may attract an award of
aggravated damages. The conduct of the defendant that causes distress to the
plaintiff is usually quite outrageous in cases where aggravated damages are
awarded.(click here)
e) Nominal damages
A small sum of money awarded as damages to someone who has suffered a
legal wrong but not actual financial loss.
f) Compensatory damages
Put the victim as far possible in the position he would have been if the tort
had not been committed. [normal kind of damages]
g) Contemptuous damages
[derisory] (expressing contempt or ridicule) - in the court's opinion of action
should never have been brought e.g. because of the triviality of the claim.

ASSESSMENT OF DAMAGES IN PARTICULAR TORTS

A. Libel
The object of awarding damages in a libel action is to compensate the
plaintiff for any loss or injury he has suffered. The assessment of damages
in a successful libel action is not dependent on any established legal rules,
but upon the peculiar circumstances of each case. (a) status (b) level of
damage (c) nature of libel
B. Injury, Pain and Suffering resulting from accident [NEGLIGENCE]
It is not always very easy to assess what is adequate for physical pains
and the distress which usually accompanies it. The distress may arise from a
collateral result of a disfigurement or loss of a limb or any other part of the
body. Apart from the physical pains, the loss or disfigurement of part of the
body and the actual inconveniences thereby suffered. Therefore the plaintiff
to be compensated with due regards to the different heeds of damages
represented in a claim to arrive at a single reasonable balanced award of
damages.
C. Property
Where there is a claim for total destruction of poverty, the measure of
damages will be the value of the property at the time of the destruction is
the market value. see SHELL PETROLEUM DEVELOLPEMENT
COMPANY LTD V AMBAH (1999) 3 NWLR (PT 593) 1 (click here to
view case)
Note
Property refers to land, building, motor vehicles or anything that can be
assessed as having money's worth.