This is a solution of Contract and Negligence Assignment part 4 in which we discuss a valid contract as if even one element is missing then the contract is not enforceable in law.
Provided the claimant establishes that he owed a duty of care, damages will be awarded for every loss suffered as a result of a negligent act.The statement assignment is critically evaluated.Whenever, a defendant is impose with a duty of care which is not fulfilled by him and which causes loss to the claimant, then, such defendant is held to be liable under the law of negligence (Pearson 2016). Once a defendant is held negligent then plaintiff can seek compensation for the loss caused to him. Now, whether such claimant can sue the defendant for every loss that is suffered by him is the main question to be determined. Normally, if a defendant is held negligent, then, the main forms of damages that can be attained are:
i.Special damages – These are the damages which can be awarded to the claimant and which are calculated from the time when the defendant has indulged in a negligent act and extends to the time till the trial is proved by the court of contract law. These are the damages which may comprise of medical bills of the claimant, wages which are lost by the claimant because of the loss so suffered by him or the damage which are caused to his property because of the negligent actions of the defendant. Generally, these are called pecuniary damages and can be pre or post trail losses. In British Transport Commission Gourley (1956) the pre trial losses are considered as punitive losses and in Pickett British Rail Engineering Ltd (1980), the post trial losses are considered as punitive damages or special damages which can be claimed by claimant. (BOL 2016)
ii.General Damages – The damages which cannot be calculated in monetary terms are called general damages. These are non- calculative because there is no receipt or invoice to support the same which is though available in special damages. Such damages include the suffering that is sustained by a claimant as a result out of pain or the suffering after the action of negligence by the defendant. In Wise v Kaye (1962) damages were awarded or pain and suffering and are considered as general damages.
iii.Nominal damages – These are the damages which are not be able to be calculate by the court. This is because the loss so suffered by the plaintiff is very minimal and thus the court is not able to calculate the same. In such situation, nominal damages are awarded.
iv.Punitive damages – when instead of compensating the plaintiff, punishment is inflicted on the defendant, then such are called punitive damages. These damages can be recovered by the plaintiff only when he can shoe tha the acts of the defendant is more than mere negligence and in such cases punitive damages can also be imposed on the defendant.
v.Pure economic losses – generally pure economic losses are no recoverable but the same can be recoverable wherein can be shown that the plaintiff an defendant are special relationship and there exists a duty of care upon the defendant. In such situations pure economic losses can also be granted to the plaintiff. Thus, in Spartan Steel & Alloys Ltd v Martin & Co Ltd (1973) pure economic losses were also awarded in cases of negligence. (BOL 2016) Thus, it is justified in submitted that in cases of negligence, the claimant seek to recover normally all kinds of losses that are suffered by him because of the negligent action of the defendant.
Adams v Lindsell (1818).
AttorneyGeneral of Belize v. Belize Telecom Ltd. (2009)
Bannerman v. White (1861).
Bolam v Friern Hospital Management Committee (1957).
BOL, 2016, Damages http://www.bitsoflaw.org/tort/negligence/study-note/degree/remedies-damages-assessment-non-pecuniary-payment. Viewed on 3rd June 2016.