CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts
Meera sues a hospital in tort for negligence and claims Rs 5 lakh, an amount that includes a sum for her proved actual medical expenses and a sum for pain and suffering. In law, such compensation which tries to put her in the position she would have been in had the wrong not occurred is called:
These are compensatory damages. They are awarded to make good the actual loss suffered, such as medical expenses and pain, placing the victim as nearly as money can in the position held before the wrong. Exemplary damages punish, while nominal and contemptuous damages are token sums.
- AExemplary damages
- BCompensatory damagesCorrect
- CNominal damages
- DContemptuous damages
Explanation
Compensatory (substantial) damages aim to restore the plaintiff, as far as money can, to the position before the wrong. Exemplary damages punish and deter, nominal damages recognise a legal right without loss, and contemptuous damages are a trivial sum showing the court's disapproval of the claim.
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