Suit for damages
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Transcript of Suit for damages
Suit for damagesDifferent 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 boththe 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�swrongful refusal to honor customer�sCheque.�9. Injured party�s duty to minimise damage.10.Costs of decree allowed to injured party.