ABSTRACT

In considering remedies, it should be remembered that tort compensation is not the principal form of compensation. In tort, the plaintiff’s chances of receiving adequate compensation will depend on whether he can prove the defendant was at fault and whether the defendant has adequate resources to compensate the plaintiff. It should be remembered that the tort system interlinks with other compensation systems. It is no coincidence that a high proportion of tort damages are in respect of road accidents, industrial accidents and medical mishaps. The insurance system works behind the scenes to ensure that the plaintiff is adequately compensated in these types of cases. There is also an interaction between the tort system and other forms of compensation such as social security, criminal injuries compensation and workmen’s compensation.