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CONTEMPTUOUS &EXEMPLARY DAMAGES
Does they serve the objective of Restitutio InIntegrum?
Habibah Hadzim & Khadijah
Abdul Rahim
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Contemptuous
Damages
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ContemptuousDamages
Courtdisapproves Ps
claim
P does not have a
good claim
Wasting thecourts time
Amount ofdamages is the
smallestdenomination ofmoney
Common inaction of libel,
assault and falseimprisonment.
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Gurcharan Singh v Penguasa Tempat TahananPerlindungan Kamunting Taiping
False Imprisonment
Court held : The detention was unlawful, but courtawarded RM 1 by way of damages.
Instead of resting his good fortune, he chose to turn
against the government claiming damages on technical
error, such action is deplorable and to display itsutmost displeasure and revulsion towards the Psclaim, this court hereby awards a sum of RM 1 asnominal damages to the P per James Foong J
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Exemplary Damages
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ExemplaryDamages
Deterrence
Punishment for DUsually awarded
in a very highamount
Violating Ps right
as well asinsulting and
reprehensiblemanner
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When will court award exemplary
damages? (Rookes v Barnard)
2
Ds act has
been
calculated byhim to bring
him profit(exceed the
amount ofcompensationthat he has to
pay to P)
3
Defamation
publisherhad nogenuine
belief in the
truth ofwhat he had
published
1
P has been a
victim ofoppressive,
arbitrary, andunconstitutionalact of a servant
of thegovernment
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P has been a victim of oppressive, arbitrary, and
unconstitutional act of a servant of the government
Foong Chee Chong v Ins Mohd Nasir Shamsuddin
Breach of trust
Court held : No need to award exemplary damages.
The items were misappropriated by the wife of thefirst defendant and that could not be regarded asarbitrariness or oppressiveness on the part of the firstdefendant or the police department. The P thereforehad failed to make out a case for exemplary damages
per Ian HC Chin J
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Ds act has been calculated by him to bring him profit
(exceed the amount of compensation that he has to
pay to P)
Sin Heap Lee-Marubeni Sdn Bhd v Yip Shou Shan
Trespass to land
Trial Court awarded 3.2 million for compensatory
damages (exemplary damages: RM 900,000)
A appealed, but appeal was dismissed.
Conduct of A not only calculated to result in
profit but also total disregard to their neighbour
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Defamation publisher had no genuine belief in the
truth of what he had published
Cassell & Co Ltd v Broome
Defamation
D realized that the profits which he wouldobtain from the sale of the book would more
than compensate for the amount of damages
that he would have to pay to the P.
Court award 15,000 for compensatory
damages and 25,000 for exemplary damages.
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Restitutio In Integrum (RII)
Restoration to the original position
The objective of this principle is to restore the Pto his position prior to the commission of the
tort. RII is the sum of money which will put the party
who has been injured or who has suffered in the
same position as he would have been in if he had
not sustain the wrong for which he is now gettinghis compensation or reparation Livingstone vRawyards Coal Co
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Opinion regarding RII
It is impossible to compensate for non-
pecuniary loss in the sense of achieving RII
because unlike pecuniary loss, this type of
damage is not directly translatable into
monetary terms
- Death talk: the case against euthanasia and physician-assisted
suicide by Margaret A. Somerville
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Heliliah Mohd Yusof JCA
In Bumiputera-Commerce Bank Bhd v Top-A Plastic Sdn Bhd
In almost all actions for breach of contract, and in manyactions for tort, the principle ofrestitutio in integrum is an
adequate and fairly easy guide to the estimation ofdamage, because the damage suffered can be estimated byrelation to some material lossNevertheless in all actionsin which damages, purely compensatory in character, areawarded for suffering, from the purely pecuniary point of
view the plaintiff may be better off. The principle ofrestitutio in integrum, which compels the use of money asits sole instrument for restoring the status quo, necessarilyinvolves a factor larger than any restoring pecuniary loss.
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Does contemptuous damages serve
the objective of RII?
Contemptuous Damages : No, it does notserve the objective of RII.
In the first place, the Ps claim was not of a
good one(bad claim)-should have never beenbrought.
Damages of this kind may imperil the
claimants chances of getting his cost. As a result, P is awarded with very small and
trifle sum.
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Exemplary Damages?
Yes. The compensation given to the plaintiff is high
and usually more/bigger sum than what hesuffers.
Exemplary damages is awarded in addition to
General & Special Damages. Thus, it serves the objective of RII- to restore P in
the position prior to the tort/wrong committed.
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THANK YOU
Any question?