Many people represent themselves in the small claims court without a lawyer. They are described by the court as “self-represented” and they come to court seeking compensation (“damages”) for some wrongdoing. The wrongdoing could be the result of a negligent act or a breach of contract. The damages they seek are their direct losses, such as personal injury as a result of an accident, or the cost of hiring another tradesman because the tradesman they contracted with walked off the job with the deposit in hand.
Often, the self-represented litigant will also ask the court for damages for their lost time and their frustration or anger caused by the wrongdoing. While these damages are not a direct result of the wrongdoing, a court may compensate a litigant for such damages if the litigant can show the court that the damages are not too remote from the wrongdoing. The basic principle of damages is that the plaintiff is entitled to be put, so far as money can do it, in the position that the plaintiff would have occupied if the wrong had not been done.
The damages claimed for lost time and frustration or anger are often called damages for inconvenience. One example is in the purchase of a car. You buy a car thinking that it is a demo when it is really a used car. In the first year of your ownership, you have to bring the car in for repairs almost every month. In such a case, a court may award you compensation for the inconvenience arising from the repeated trips to the repair shop because they arose from the misrepresentation made when you bought the car. Another example is in the construction of a house. The contractor promises you that the house will be completed by a certain date. The house is not fully completed by the promised date but you have to move into it because you sold your previous house based on the completion date. You live in the completed part of the house while construction continues all around you for the next month. A court may compensate you in these circumstances. But remember this is not the United States. In both examples, the court will likely only award you $1000 or $2000 as damages for the inconvenience, if that.
