In Mertens v. Home Freeholds Company (1921),2 K.B. 526, where the Court approved the law on this point as stated in an earlier edition of Hudson. In that case the contractor had undertaken to build to the roofing and the Court held:- The proper measure of damages was what it cost the plaintiff to complete the house substantially as it was originally intended and in a reasonable manner at the earliest moment he was allowed to proceed with the work, less any amount which would have been due and payable by the defendant to the plaintiff, had the defendant completed the house to the roofing at the time agreed by the terms of the contract.
OBJECT OF AWARD OF DAMAGES IN HUMAN RIGHTS CASES
Para. 43: “In the case of Chief Ebrimah Manneh v. Republic of The Gambia, supra, decided on 5th June 2008, this court set out some principles that will guide it in the award of damages. Though by no means exhaustive, the principles set out in that decision are relevant to this case. Principally the object of an award in human rights violation is to vindicate the injured feelings of the victim and to restore his rights and human dignity. Monetary compensation may also be awarded in appropriate cases but the objective of such an award must not be punitive. The following cases decided by the European Court of Human Rights are of relevance to this discussion on damages: Ahmed Selmouni v. State of France (2005) CHR 237; and Miroslav Cenbauer v. Republic of Croatia (2005) CBR 424 , where the court awarded damages in circumstances similar to the present case, wherein the plaintiff was tortured.”
— Saidykhan v GAMBIA (2010) – ECW/CCJ/JUD/08/10