ABSTRACT

This chapter explains the different remedies that are available and aims to understand the significance of limitation periods. It analyses the remedies that can be awarded and explores the law to factual situations and reach conclusions. Aggravated damages are awarded to compensate the claimant for injury to feelings and distress which have been increased by the defendant’s bad motive or wilful behaviour. The courts have struggled with the problem and have shown reluctance to allow any extension of the categories for which exemplary damages can be awarded. The purpose of the award is to compensate for the loss of financial support, although an additional sum can be awarded for loss of services and emotional support. One consequence of contemptuous damages is that the claimant may find that the award of costs is affected. The claimant brought an action for misfeasance in a public office against the defendant as the employer of the police officer.