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DAMAGES IN BUILDING CONTRACT

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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.

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APPELLATE COURT WILL NOT INTERFERE WITH AN AWARD OF DAMAGES AWARDED

The law is settled that an appellate Court will not ordinarily interfere with an award of damages made by a trial Court unless it is shown that in the assessment and award of damages, the trial Court applied a wrong principle of law or misapprehended the facts or that the award is so high or...

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TRESPASS: SPECIAL VS GENERAL DAMAGES

In an action for damages for special damages for trespass, special dam-ages must be pleaded and strictly proved, the value pleaded being normally a reflection of the prevailing market prices. The vital difference between a claim for compensation under the Land Use Act and compensation in trespass Is that general damages is only claimable in...

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SPECIAL DAMAGES VS GENERAL DAMAGES

It is no longer a matter for contention that the principle in regard to the assessment and award of special damages is different from that of general damages: see Ijebu-Ode Local Govemment v.Adedeji Balogun & Co (1991) 1NWLR(Pt.166) 136 at p. 158; Eseigbe v.Agholor (1993) 9 NWLR (Pt.316) 128 at p. 145. In the former,...

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WHAT IS DAMAGES

Damages have been defined as: “that pecuniary compensation which law awards to a person for the injury he has sustained by reason of the act or default of another whether that act or default is a breach of contract or tort”, see Iyere v. B.F.F. M Ltd (2008) 18 NWLR (Pt. 1119) 300 at 345,...

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TORT OF NEGLIGENCE AND THE ISSUE OF DAMAGES

The tort of negligence is a civil wrong consisting of breach of a legal duty to care which results in damage. Thus, three things must be proved before the liability to pay damages for tort of negligence and these are:- (a) That the defendant owned the plaintiff a duty to exercise due care. (b) That...

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DAMAGES FOR SUFFERING, PAIN, ANXIETY SHOULD BE ASSESSED ON REASONABLE BASIS

Sellers, L. J. in Wise v. Kaye (1962) 1 All ER 257 and which states thus: “It has always been accepted that physical injury and the personal experience of pain, and also of suffering, including worry and anxiety for the future and apprehension of an operation, or of nursing or deprivation of activity owing to disablement or embarrassment or limitation felt by reason of disfigurement, cannot in any true sense be measured in money… Damages for such injuries, originally almost invariably assessed by juries, were said to be ‘at large’, and had to be assessed on a reasonable and fair basis between party and party. There can be no restitution for the loss of a limb or loss of faculty but the law requires adequate compensation to be assessed.”

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