In suits for damages, facts tending to enable Court to determine amount are relevant:
In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded is relevant.
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Section 12 of the Evidence Act provides for determination of damages when suits for the damages are claimed by the party. Under this section the court can determine the amount of damages in an action based on contract or tort. In a suit for damages, the amount of damages must be a fact in issue. Thus the section lays down that evidence tending to determine, i.e., to increase or diminish damages is admissible. Section 55 of this Act lays down the conditions under which evidence of character may be given in civil cases to affect the amount of damages. Similarly Section 73 of the Indian Contract Act also lays down the rule governing damages in actions in contract. In a suit for damages for a breach of contract of marriage, the evidence as to status of the defendant may be given for determination of the amount of damages. Section 73 is based on principles laid down in Hadley v Baxendala.