Civil Legal Framework for Moral Damage in Jordanian Law

Mohammad Saleh Melfi Alqudah1

https://doi.org/10.62271/pjc.16.4.317.331

Abstract
This study explores civil remedies for assault, allowing victims to claim damages for psychological harm and use force in self-defense. If a victim defends themselves and faces a counterclaim, the initial tort may mitigate their liability. When a tort is used as a defense in a criminal case, it can trigger issue estoppel in subsequent civil proceedings meaning that if the defendant loses the criminal case, they often lose the civil case as well. The situation differs when it comes to moral damages resulting from criminal acts. Moral damage refers to injury to legally protected interests, such as personal security, caused by a tortious act. Victims of
criminal offenses that also constitute torts can use these acts as evidence of liability in civil actions. However, specific remedies for moral damage are often insufficient or absent, particularly for victims of violent crimes. These victims may struggle to obtain more than nominal damages for assault or battery, facing challenges due to tort limitation periods, which may require suing for false imprisonment while still involved in criminal proceedings. The case of Phillips v UK exemplifies this, where the Crown’s immunity extended to acts violating personal dignity, making it difficult for victims to pursue actions for moral damages.

Keywords: Assault, damages, psychological harm, force in self-defense, mitigate, criminal case, issue estoppel.