The primary aim of damages in this case for Mr Nyathi would be to compensate him for the harm he suffered as a result of the police's actions. Damages in this context are directed at providing financial compensation to Mr Nyathi for the physical and emotional harm he endured while being wrongfully detained and assaulted. The main goal is to restore Mr Nyathi to the position he would have been in if the wrongful detention and assault had never occurred.
In terms of the types of damages Mr Nyathi may be able to claim, there are generally two main categories: general damages and special damages. General damages are intended to compensate for non-monetary losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Special damages, on the other hand, are quantifiable financial losses such as medical expenses, lost wages, and property damage.
In principle, nominal damages could potentially be awarded to Mr Nyathi as a symbolic recognition of the wrong that was done to him. Nominal damages are typically small monetary awards that signify a legal recognition of a violation of rights, even if no actual harm is proven or quantifiable. While nominal damages are not meant to fully compensate a plaintiff, they can serve a punitive function by sending a message that the wrongful conduct will not be tolerated.
In the modern law of damages, there has been a trend towards awarding more substantial damages in cases where there has been a violation of rights or harm caused to an individual. Courts are increasingly recognizing the importance of compensating individuals for the full extent of the harm they have suffered, both physically and emotionally. Additionally, punitive damages may also be awarded in cases where the conduct of the defendant is particularly egregious or malicious, in order to deter similar conduct in the future.
Overall, the primary aim of damages in this case for Mr Nyathi would be compensation for the harm he suffered, and while nominal damages could potentially be awarded as a form of punishment, the focus would primarily be on providing him with just compensation for the harm he endured.
QUESTION 2
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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