---
title: "Record that damages must bear a rational relationship to the harm"
url: "https://ailawframework.com/practice/defamation-and-media-law/record-that-damages-must-bear-a-rational-relationship-to-the-harm"
type: "task"
site: "AI Law Framework"
id: "A33-PE20261022-15"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record that damages must bear a rational relationship to the harm

> On the damages worksheet, record the harm the lawyer has identified and a reminder that the amount of damages is to have an appropriate and rational relationship to that harm. Do not propose an amount.

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/record-that-damages-must-bear-a-rational-relationship-to-the-harm  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | On the damages worksheet, record the harm the lawyer has identified and a reminder that the amount of damages is to have an appropriate and rational relationship to that harm. Do not propose an amount. |
| What the lawyer must review | The lawyer identifies the harm sustained by the plaintiff and decides the amount so that the relationship section 34 requires is met. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: On the damages worksheet, record the harm the lawyer has identified and a reminder that the amount of damages is to have an appropriate and rational relationship to that harm. Do not propose an amount.
- What the lawyer does: The lawyer identifies the harm sustained by the plaintiff and decides the amount so that the relationship section 34 requires is met.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Record only the harm the lawyer has identified.
2. State the requirement of an appropriate and rational relationship between that harm and the amount.
3. Do not propose an amount, and do not apply the non-economic loss cap in this check.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Defamation Act 2005 (NSW) s 34, damages to bear rational relationship to harm](https://classic.austlii.edu.au/au/legis/nsw/consol_act/da200599/s34.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/defamation-and-media-law/record-that-damages-must-bear-a-rational-relationship-to-the-harm/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*