1.1 1. General Damages include pain and
suffering, loss of amenities of life,
loss of expectation of life and
1.1.1 Civil Liability Act s61, s62 place
constraints on judges with how much
money can be awarded. The judge has
to use a scale value.
1.2 2. Special Damages. these include monetary
compensation for expenditure capable of being given a
precise value. Eg: Doctor and hospital bills, public
transport to and from appointments.
1.3 3. Future Economic loss
(commonly refers to loss of future
earnings). The injury arising from
the negligence prevents the
plaintiff from returning to work
for a time or, perhaps at all.
1.3.1 s54 of the Civil Liability Act
- maximum amount that
can be claimed is the "the
present value of three
times the average weekly
earnings per week for
each week of the period of
loss of earnings
2 INJUNCTIONS Not financial, but a
court order that
usually commands a
party to stop
2.1 EXAMPLES: Owners of a bus company ordered to not send
employees on bus runs until buses are repaired and meet
road worthy certification.
3 EXEMPLARY, PUNITIVE OR AGGRAVATED damages for personal injuries cannot be claimed UNLESS the action which
gave rise to the claim was: 1 an unlawful, intentional act done with intent to cause personal injry; or 2 an unlawful
sexual assault or other unlawful sexual misconduct. Based on s 52 Civil Liability Act.