Which of the following is the way to assess damage under Section 12 Indian Evidence Act I the damage...........

Indian Evidence Act (IEA) 1872 Relevancy of Facts

Which of the following is the way to assess damage under Section 12, Indian Evidence Act?

I. the damage suffered should be near as possible to the sum which will put the injured party in the same position as he would have been if he had not sustained the wrong for which he was awarded damages or compensation

II. damages are usually assessed on the basis of actual loss suffered and are called general or ordinary damages

III. where the plaintiff has not suffered any real damages by reason of breach of contract, normally, nominal damages are awarded

IV. special damages can be awarded for personal inconveniences or physical dis-comfort caused by the other party

I, III and IV

II, III and IV

I, II and IV

all of them

Explanation:

- Statement I: This involves compensating the injured party to restore them to their original position before the damage occurred. This aligns with the principle of restitution in integrum.

- Statement II: General or ordinary damages are indeed assessed based on the actual loss suffered by the injured party. This covers predictable and common forms of damages.

- Statement III: Nominal damages are awarded when no substantial harm is done, recognizing a breach of contract without significant loss.

- Statement IV: Special damages pertain to atypical losses not covered by general damages, including personal inconveniences or discomfort.

- ? Option 4 is correct – all of them. All statements provide different aspects of assessing damages under the given context in the Indian Evidence Act.

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