What are typical damages awarded in tort?

• A. Nominal damages only, with no compensation for loss.
• B. Compensatory damages to restore loss; sometimes aggravated damages; exemplary damages are rare in the UK.
• C. Punitive damages are standard in UK tort law.
• D. Treble damages similar to antitrust cases.

Answer: (B)

Damages in tort are meant to compensate the claimant for the loss caused by the wrong. The typical award is compensatory damages, designed to put the claimant back in the position they would have been in if the tort hadn’t occurred. This includes general damages for non-pecuniary losses like pain and suffering, and special damages for quantifiable financial losses such as medical bills and lost earnings.

In some situations, courts may add aggravated damages to reflect additional harm caused by the defendant’s conduct, such as when the defendant’s behavior was especially egregious. Punitive or exemplary damages are not the standard approach in UK tort law; they are rare and only used in limited circumstances to punish particularly wrongful conduct and deter future misbehavior.

Nominal damages can be awarded when liability is established but there’s little or no actual loss, which isn’t typical of most tort claims. Treble damages, as seen in some other legal contexts, do not apply to UK tort law.