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When the damages cannot be assessed, the party may be awarded by the court
  • a)
    Actual damages
  • b)
    Liquidated damages
  • c)
    Exemplary damages
  • d)
    Nominal damages
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
When the damages cannot be assessed, the party may be awarded by the c...
Exemplary Damages in Case of Unassessable Damages

In certain cases, it may not be possible to assess the actual damages caused by a party. In such cases, the court may award exemplary damages to the party that has suffered the harm. Let us understand more about exemplary damages.

Definition of Exemplary Damages

Exemplary damages are also known as punitive damages. These damages are awarded to a party as a form of punishment to the other party for their wrongful act. The purpose of these damages is to discourage the wrongdoer from repeating the same act in the future.

Difference Between Exemplary and Compensatory Damages

Compensatory damages, also known as actual damages, are awarded to a party to compensate for the harm caused by the other party. On the other hand, exemplary damages are not meant to compensate the party but to punish the wrongdoer.

When are Exemplary Damages Awarded?

Exemplary damages are awarded in cases where the harm caused by the wrongdoer is so severe that it cannot be assessed in monetary terms. These damages are also awarded in cases where the wrongdoer has acted with malice, fraud, or gross negligence.

Conclusion

In cases where the damages caused by a party cannot be assessed, the court may award exemplary damages to the party that has suffered the harm. These damages are awarded as a form of punishment to the wrongdoer and to discourage them from repeating the same act in the future.
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