Aggravated Damages

What Are Aggravated Damages in Tort Law?

Aggravated damages are a type of compensation awarded to a claimant when the defendant's conduct has been particularly egregious or insulting, causing additional distress or humiliation.

Quick Definition

Aggravated damages are awarded in tort cases to compensate for intangible harm, such as distress or humiliation, resulting from the defendant's malicious or oppressive behaviour. They go beyond mere compensation for financial loss.

In Context

Aggravated damages often come into play in cases involving defamation, false imprisonment, or trespass, where the defendant's actions have caused emotional harm. For example, in Thompson v. Commissioner of Police of the Metropolis (1998), the court awarded aggravated damages due to the police's oppressive conduct during an unlawful arrest, recognising the additional distress caused to the claimant.

See Also

• Compensatory Damages

• Exemplary Damages

• Defamation

Learn More

Explore the nuances of aggravated damages and their application in tort law with our Tort Law Notes for comprehensive case law, examples, and revision tips.