ABSTRACT

This chapter discusses the two main remedies in tort: damages and injunctions. 'Damages' is the legal term for money compensation. 'Damage' is the legal term for the harm suffered by the claimant in a road traffic accident. Aggravated damages are extra damages awarded for the mental distress caused by the way the defendant has acted in committing the tort. Special damages are those damages which can be precisely measured loss of earnings up to the date of the trial, replacement cost of a dress ruined in an accident. Claims for damages for physical and psychiatric injury are more difficult to assess than claims for damage to property. In the case of property damage the claimant can be entitled to the replacement cost or the cost of repair. Losses for personal injury can be divided into pecuniary loss and non-pecuniary loss.