Other Damages

Question 1

What are nominal damages?

Answer 1

• When nominal damages are awarded, a small amount of money is paid by the way of damages.
• A plaintiff may be seeking to make a point about being legally in the right and to show that their rights had been infringed, but may not be seeking a large amount of money in compensation
• The purpose of nominal damages is to uphold the plaintiffs rights without awarding a substantial amount of money.

Question 2

What are contemptuous damages?

Answer 2

• A court or tribunal might feel that a plaintiff has a legal right to damages, but doesn’t have a moral one. That is the plaintiff did not really deserve to be paid damages.
• In such a situation, small damages might be awarded to show contempt for the claim that is made, while admitting the plaintiff is right to make the claim.

Question 3

What are exemplary damages?

Answer 3

• Exemplary damages are the only consequence of a civil action that in some way seeks to punish the defendant for an extreme infringement of rights, and deter others from taking the same kind of action.
• Exemplary damages punish and deter a defendant when there actions are wanton, malicious, violent, cruel, insolent or in scornful disregard of the plaintiffs rights.

Question 4

What are the restrictions on damages?

Answer 4

• Certain types of claims and certain types of loss have restrictions imposed on damages.
• Personal injury claims made under the wrongs act 1958 (vic), claims for non-economic loss, being pain and suffering and loss of quality of life, are limited to $598,360.
• In defamation cases, damages for non-economic loss are also limited to $250,00 (though under certain circumstances this can be increased).