“Cases dealing with assessment of damages have presented no small difficulties and it is impossible to lay down any hard and fast rule as to what circumstances should be taken into consideration in arriving at the award. In Draper v. Trist, supra, Sir Wilfrid Greene, M.R., has summarised the principle as follows at p. 519:- “The real problem is, when all the facts are considered and all the considerations on either side are given fair weight, the proper sum at which to estimate the plaintiff’s damage. That a jury would be entitled, if it were shown that goods were sold under a deceptive appearance or description, to award something more than nominal damages is, in my opinion the law …. What that damage is to be is a matter which is to be considered in the light of all the facts of the case and the whole of the evidence led.” We take the view that this is a correct statement of the principle to be applied in the assessment of damages and that in cases of this nature the Court or jury must assess by the best means they can what is a fair and temperate sum to give to the plaintiff for the injury he has suffered. We would point out that the terms ‘special’ and ‘general’ damages are misleading and are likely to create confusion in the assessment of damages, especially when those terms are employed in connection with cases in which no such distinction is either necessary or desirable.”
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