Faculty of law.

Name. Ayaz khan

Semester. 3rd
Section. A
Roll No. 546
Submitted to. Dr.Salma
Nawaz.
Submitted date. 26 July 2022
What is meant by the calculation of damages in tort?
It means, a judge or jury figuring out how much money to award to winning plaintiff in a tort
lawsuit. In this context, “damages” is a synonym for “the amount of money that the harm
which defendant caused to plaintiff is worth.,” of course, is the body of law dealing with the
duties that everyone owes to everyone else, i.e. the duty not to intentionally or negligently
cause harm to anyone else without a legally valid justification or excuse. No contractual
relationship between the parties is required; indeed, one might say that tort law is an
outgrowth of “the social contract,” the consensus of civilized behavior that allows groups of
strangers to co-exist in close proximity to one another in relative peace, and to be fair and non-
violent in their dealings with one another. There are many different types of damages that can
be awarded in a tort suit, depending on the circumstances. Those could include, for instance,
the amount billed (at retail) for medical expenses and drugs, for an injury; the repair cost or
fair-market replacement value (if less than the repair cost) of damaged property; the value of
the plaintiff’s loss of reputation, in a defamation suit; the value of the physical and/or mental
pain and suffering that defendant caused the plaintiff to have to endure; and so on. On some of
these “fuzzier” concepts of damages, the “measure of damages” is entirely up to the jury, as
there is no universally agreed formula for computing them. A factfinder generally only has to
measure the damages after already determining that the defendant is liable to the plaintiff for
causing the harm complained of. Sometimes, liability is admitted or is ruled upon in advance by
summary judgment when there is no genuine dispute, and the only issue for trial is the amount
of damages. Which, as noted above, can be a highly subjective figure, on which reasonable
persons can disagree. That, indeed, is why we have trials, and do not just have a “judge robot”
capable of applying a set formula and awarding damages to tort victims.

calculation of different kinds of Damages.

The calculation of damages depends upon the types of damages’ way of calculation of
damages changes with in demages.Some demages are specified they don’t need to be
calculated.and some demages are not specifies they must be calculated for the tort
happened.following are the types of demages whose calculation is differ from one another

1)substantial damages.
“The substantial demages are those demages when the court considers it fair to compensate
the plaintiff for the injury sustained.”
Calculation of substantial damages.
So according to the definition the substantial demages are paid according to the injury caused
to the plaintiff by the defendent.The demages of injury means the money spent upon the
injury(medical expenses drugs)will be paid to the plaintiff. Therefore these demages are also
called compensatory demages because in these cases only peculary compensation is paid to the
plaintiff. These demages are proportional to the injury caused to the plaintiff not more then
injury nor less then injury

.For example= if the plaintiff is riding a motorcycle on his right way and the defendant is coming
from the wrong side and the accident accurate plaintiff has been injured due to the accident.
Now he has been brought to the hospital.The expenses over his treatment will be the amount
of Demages for the defendent.If hospital bill is 500.then the defendent will pay 500 niether less
nor more then that amount.

2)Nominal damages.
The nominal demages are those demages which are awarded when the purpose of action or
case is nearly to establish a right.No substaincial or loose is suffered.

Calculation of nominal damages.

It means they the nominal demages are those demages which are not awarded to the plaintiff
for the injury but just for the his legal right which has been violated by the defendent. Here
the demages will not be considered or determined by the plaintiff but it will be determined by
the court. Generally there are two types of injury one in legal injury and
other is actual loose or injury.in nominal demages the either the actual loose is done or not but
the legal right should be violated.then the plaintiff will be awarded with nominal demages.
For example= if party A stops B from voting C and when the result of election comes C wins the
election.here no actual loose is done to the plaintiff because he wanted that C win and now C
won the election.But here his legal right has been violated because he had legal right of voting
vote.whenever he will sue against defendent the court will tell the defendent to award him a
nominal demages.

The expenses over his treatment will be the amount of Demages for the defendent.If hospital
bill is 500.then the defendent will pay 500 niether less nor more then that amount.

3)contemptuous ddamage.
Contemptuous images are those images which are which are awarded to the planetip when the
court consider that the action should never be brought to the court.

It means that whenever the the case is brought to the court and the plaintiff doesn’t have any
reasonable cause.then the court ordered him to pay demages to the court because he has
wasted the time of the court.

It it is against the reputation of the court because whenever the case is brought to the court
without reasonable cause then the time of the court and the reputation of the court both are
disturb.therefor the plaintiff will be said to awardt he contempts images it is also called Taueen
adalat.

Measurements of contemptous demages

the contemptous demages are measured by the time which has been wasted by the plantif of
the court and the reputation which has been disturbed by the case brought by the plaintiff to
the court.

4).Unliquidated demages
liquidated demages are those i which cannot be calculated it means that all those demages
which are not specified these images change which change is circumstances. and it change from
case to case and person to person it means that unliquated demages cannot be calculated so
for the calculation of unlimited images the circumstances and the case must be seen that which
type of case is being brought to the court.

5)Consequential damages.

any action would lie against this demage which is either of intended result of dependent
wrongful act or the probable result of such act .in other words plaintiff must prove that the
particular damage is of the result of wrongful act It means that these demages are awarded to
the plaintive when the plantif prove that the act done by the defendant will cause any future
injury to him.

Measurement of consequential demages.

the consequential damages can be calculated according to the Future injury will be caused to
the platif by the defendant. It means that the injury is not caused by the defendant but this
injury will be caused in the future by the dependent so the damages will be taken in advance
for the injury which would caused to the plantif or is operon.
7)Prospective demages=
that images maybe awarded to the friendship not only as compensation for loss which has been
sustained at the time of commitment of wrongful act but also for the injury caused in the
probable future. It means that the prospective damages are taken not for only present injury
but it will also be taken for the future injury which will be caused by the action which is done by
the defendant in the present time.

Calculation of Prospective demages=

the prospective demages are calculated by seeing to the injury cause in the present in the
injury caused injury which will be caused in the future by the act of the dependent it maybe
peculary compensation or it may be a legal right.

8)Exemplary Damages=
If any of your personal property was destroyed or damaged in an accident, such as your car,
clothing, eyeglasses, laptop, or other items, you are entitled to reimbursement.

Depending on your case and the severity of your injuries, you could also receive other
economic damages, such as:

Out-of-pocket expenses

Transportation costs

Expenses for modifying your vehicle or home

Costs for household assistance or a home health aide

Non-Economic Damages

Apart from the monetary or economic damages outlined above, victims could also qualify for
non-economic damages. These damages relate to a person’s subjective losses, such as pain and
anguish. Non-economic damages do not come with receipts or other objective documentation
and include:

9)Pain and Suffering

If you suffered a significant injury due to the negligence or willful actions of another, you could
qualify for compensation for the physical pain and discomfort you suffered.

10) Distress.
 Emotional distress damages can arise in severe accidents and with a signifant injury. If a
personal injury victim experienced negative emotional consequences after an accident, such as
anxiety, depression, insomnia, or post-traumatic stress disorder (PTSD), they could be entitled
to damages.

Loss of Life Enjoyment =

Some victims suffer life-changing injuries. They may be unable to partake in activities, exercise,
or hobbies they enjoyed before the accident. These individuals could be entitled to “loss of
enjoyment” awards.

Loss of Consortium .
loss of consortium damages relate to the injury’s impact on the victim’s spousal relationship.
For instance, damages can be awarded for loss of companionship or sexual relationship due to
accident injuries.

Other potential non-economic awards in a personal injury lawsuit can include:

Disability

Loss of limbs

Loss of a sense such as eyesight

Permanent scarring

Punitive Damages in Personal Injury Lawsuits

Punitive damages are not intended to compensate the victim. Instead, they are designed to
punish the defendant for their wrongdoing or recklessness. Punitive damages are generally rare
in personal injury lawsuits. Courts are more likely to award punitive damages in wrongful death
claims and intentional torts, such as homicides. Although punitive damages are not intended to
compensate the injured party, victims receive the payout if a court awards punitive damages.

Conclusion.
 it has been concluded that the demages are calculated but they are some demages with cannot
be calculated. The images which are calculated depends up on the circumstances and it differ
from case to case it depends upon the person against to the wrong is committed. for calculating
and the damages the court first see that the defendant against whom the case his brought he is
liable for the demages or not if he is liable then the plaintive is considered that he will receive
the demages from the defendant. Whenever that demages is paid to the plaintiff the plaintiff
must be keep on that place that if the wrong is committed by him against the defendant so it
means that the court sees to the financial and economical condition of the dependent if the
dependent is good in his economic condition then he will pay the higher amount or is economic
condition is very weak then the court will decide the images according to is econan omic
condition.