Bankole-Bright v Crompton (7 of 1928) [1928] SLSC 7 (16 November 1928)


Tort - damages - measure of damages - defamation - contemptuous,
nominal, substantial and exemplary damages defined: Damages awarded
to a successful plaintiff in an action for defamation may fall into one of
the following categories: (a) contemptuous damages, awarded when,
although the defamation is proved, in the _circumstances the action
should not have been brought; (b) nominal damages, awarded when no
special damage has been suffered by the plaintiff, but the action was
justifiable to clear his name; (c) substantial damages, awarded to compensate
the plaintiff for damage actually sustained; (d) exemplary
damages, awarded to punish the defendant's malicious conduct as well
as to compensate the plaintiff. so the amount exceeds adequate compensation
for the injury to the plaintiff's reputation.

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