Monetary Remedies (Damages - Rules for Damages)

Question 1

What are damages?

Answer 1

Damages are a form of monetary compensation and are a common law remedy available to the plaintiff as of right.

Question 2

What is the purpose of damages?

Answer 2

The purpose of damages is to compensate the injured party for the losses suffered.

The amount of damages awarded would depend on the facts of the case itself. The plaintiff must prove that he had suffered some loss which is quantifiable in monetary terms.

Question 3

What are the rules for damages?

Answer 3

In making an award of damages, the court will be governed by the following rules:

(a) the injured party is to be placed, as far as possible, in the same position as he might be in if the contract has been carried out.
(b) the rationale is to compensate the plaintiff and not to “punish” the defendant.