They cannot be given to him unless the court is satisfied that there was reasonable
ground for bringing the actions.


There is no obligation upon a plaintiff to sue more than one tortfeasor. He is at

liberty to select, if he wishes, one defendant whom he considers good for the total
amount of damages which may be awarded. It is entirely a matter for the defendant to
recover contributions made from any other persons who may jointly have been guilty of
the tort.


Section 12 of the Defamation Act, Cap. 70, altered the common law rule and

permitted evidence to be given in mitigation of damages that the plaintiff had already
recovered damages, or had brought actions for damages for libel and slander in respect
of publication of similar words to those upon which the action was founded.


Exemplary damages are punitive in nature and the result is a gratuitous gain to

the plaintiff outside his proper compensation.

Such damages cannot be offset against compensatory damages.


Where the Government is the defendant the use of the award of exemplary

damages is to induce the Government to discipline its servants whose action has
resulted in loss to the Government, and so to serve as a deterrent for future cases. It is
not necessary to give extravagant sums for this purpose.

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