Generally, the following damages are not recoverable?a)Ordinary damage...
Damages that are not recoverable
Introduction:
When a person suffers a loss due to the wrongful act of another person or party, the law provides him with a remedy in the form of damages. However, not all types of damages are recoverable. Some damages are considered too remote or speculative to be recoverable. This article discusses the damages that are not recoverable.
Types of damages that are not recoverable:
1. Remote damages:
Remote damages are those damages that are not caused directly by the wrongful act of the defendant but are caused by some other intervening factor. These damages are considered too remote and speculative to be recoverable. For example, if a person's car is stolen, and he is unable to attend an important business meeting, the damages for the lost opportunity are too remote and not recoverable.
2. Ordinary damages:
Ordinary damages are those damages that are the natural and probable consequence of the defendant's wrongful act. These damages are recoverable if they are proved to have been caused by the defendant's wrongful act. For example, if a person's car is damaged in an accident caused by the defendant's negligence, the damages for the repair of the car are recoverable.
3. Special damages:
Special damages are those damages that are not the natural and probable consequence of the defendant's wrongful act but are the result of a particular circumstance. These damages are recoverable if they are proved to have been caused by the defendant's wrongful act. For example, if a person loses his job due to the defendant's negligence, the damages for the loss of income are recoverable.
4. Nominal damages:
Nominal damages are those damages that are awarded to a plaintiff to recognize that his legal rights have been violated but he has not suffered any actual loss. These damages are usually awarded in cases where the plaintiff has not suffered any actual damage or loss. For example, if a person's property is trespassed upon, and no actual damage is done, the plaintiff may be awarded nominal damages.
Conclusion:
In conclusion, remote damages are not recoverable because they are too remote and speculative to be recoverable. However, ordinary damages, special damages, and nominal damages are recoverable if they are proved to have been caused by the defendant's wrongful act.
Generally, the following damages are not recoverable?a)Ordinary damage...
Correct answer is Option C. Remote damages are damages from an injury not occurring directly from and as a natural result of the complained of.They are damages of an unusual and speculative nature. E.g. children were throwing stones at the window where horse is standing and at the same time police went for saving the women and the child standing nearby .The police men got injured because of carelessness of owner of horse and also because of mischief of child which was the proximate cause and the negligence of horse owner was a remote cause for damages. This type of damage is not recoverable as it happens because of unexpected circumstances.