Damages are a common law remedy awarded in tort and are intended for a compensation for a plaintiffs loss. In relation to the above statement, describe five categories of damages available to the plaintiff
Categories of charges available to the plaintiff include;
- Compensatory charges: Are paid to compensate the claimant for loss, injury or harm suffered as a result of another’s breach of duty i.e. negligent
- Quantum of damages: it is established when the claimant proves on the balance of probabilities that a defendant’s wrongful act caused a tangible harm, loss, or injury to the plaintiff. Once that thresholds met the plaintiff is entitled to some amount of recovery for that loss, injury.
- Special damages: compensates the claimant for the quantifiable monetary losses suffered by the plaintiff. It can include direct losses i.e. amounts the claimant had to spend to mitigate damages and consequential or economics losses resulting from lost profits in a business.