The damages dealt with in this chapter have a vindicatory aspect, in that the court recognises the importance of the plaintiff’s rights by making an award.Exemplary damages explicitly punish the defendant for the wrong in question. They are also said to validate the plaintiff’s feelings of hurt and anger arising from the contumelious nature of the defendant’s wrong.
Aggravated damages aim to compensate the plaintiff for distress caused by the nature of the defendant’s breach. They have been said to protect the dignitary interest of the plaintiff, and/or to be a form of damages for distress.
Vindicatory damages are a novel head of damages said to allow for a substantial award of damages in the absence of loss if a right has been violated. It has been argued that they should be extended to breaches of private law rights in some instances. As we will see, the High Court of Australia has argued against these awards being a category of their own in Australia.
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