Character as affecting damages
AI Assist
Summary
In civil cases, a person’s character may be considered when it affects how much damages they should receive. Only evidence about general reputation or general disposition is admissible. Particular past acts cannot be used to prove character unless another narrow rule allows it.
Example
Meera sues her neighbour for damage to her shop and asks for higher damages, saying the neighbour has a general habit of carelessness. The court can consider that general reputation or disposition when deciding how much damages to award. It cannot, however, rely on a single past fight or isolated incidents unless a special rule allows it.
Bare Act
Enacted textIn civil cases, the fact that the character of any person is such as to affect the amount of damages which he ought to receive, is relevant.
Explanations
Sections 52, 53, 54 and 55, the word character includes both reputation and disposition; but except as provided in section 54, evidence may be given only of general reputation and general disposition, and not of particular acts by which reputation or disposition were shown.
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