The primary aim of damages for Mr Nyathi would be to compensate him for the harm and suffering he endured as a result of being wrongfully arrested and detained by the police. In this case, the damages would be directed at compensating Mr Nyathi for the physical injuries he sustained from being assaulted, as well as any emotional distress, humiliation, and loss of dignity he may have experienced during his time in custody.
In principle, Mr Nyathi may be able to claim different types of damages, including general damages for pain and suffering, special damages for any out-of-pocket expenses incurred as a result of the incident (such as medical bills), and potentially aggravated damages if he can prove that the actions of the police were particularly egregious or if they acted in bad faith.
While an award of nominal damages could potentially be used to acknowledge and condemn the actions of the police, it would not be considered a punitive measure. Nominal damages are typically symbolic in nature and are awarded in cases where the plaintiff has not suffered significant harm or loss, but their rights have been violated. In this case, given the severity of the harm suffered by Mr Nyathi, a nominal damages award may not be appropriate to effectively punish the perpetrator.
In modern law, there has been a trend towards placing greater emphasis on the compensatory aspect of damages, rather than punishment. This is in line with the principle that the primary purpose of damages is to restore the plaintiff to the position they would have been in had the wrongful act not occurred. Therefore, while Mr Nyathi may be entitled to damages for the harm he suffered, the focus would be on compensating him for his losses rather than punishing the perpetrator.
Mr Nyathi approaches you for legal advice. He was arrested over a weekend for an alleged crime
he committed. He was detained for the entire weekend and released without charges the
following Monday when the police realised that they had arrested the wrong person. He was
severely assaulted during the weekend by others with whom he shared a cell.
Mr Nyathi wants to institute a claim against the police for the harm he suffered.
Explain the primary aim of damages to Mr Nyathi and whether it is directed at compensation or
punishment. Your answer must refer to the types of damages Mr Nyathi will, in principle, be able
to claim, as well as your opinion on whether an award of nominal damages could be used to
punish the perpetrator. Explain your answer with reference to the tendency in the modern law
of damages.
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