During the period of this survey the appellate courts of Georgia have reaffirmed the following general principles of the law of damages: Exemplary damages may not be recovered in actions on contracts. A jury finding as to the amount of damages will not be upset unless the amount is so small or so large as to indicate "gross mistake or undue prejudice." "General damages are such that the law presumes to flow from any wrongful act, which the law denominates a tort, and may be recovered without proof of any amount." The amount of general damages or injury to the person and for pain and suffering are left to the enlightened conscience of an impartial jury. In an action for libel per se, general damages are recoverable without a showing of special damages. and the measure is the conscience of the jury. Actual malice and not implied in law malice is such an aggravating circumstance as will allow additional damages to deter the wrong-doer or compensate the wounded feelings of the injured party in a tort action.
Wilson, Edgar Hunter
Mercer Law Review: Vol. 3:
1, Article 11.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol3/iss1/11