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:

- I. This statement pertains to the principle of compensatory damages, aiming to restore the injured party to the position they would have been in if the wrong hadn't occurred.

- II. General or ordinary damages are based on actual loss. This aligns with the standard approach to assessing damages.

- III. Nominal damages are awarded when there's a breach of contract but no substantial loss, confirming the principle of minimal damages for technical violations.

- IV. Special damages address specific losses, such as inconvenience or discomfort, caused by the other party’s actions.

The correct statements in the context of assessing damage under Section 12, Indian Evidence Act are all listed in the options.

- Answer: Option 4, all of them