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General, special, punitive and mitigation damages.



General damages

General damages are damages that are compensatory in nature intended to take care of Plaintiff’s loss of reputation as well as act as salatium for mental pain and suffering. See Haji Associates Co.Ltd & Another vs. John Mlundwa [1986] 107. General damages are that kind of damages which the law presumes to follow from the wrong complained of, and which there for need not be set out in the plaintiff’s pleadings. e.g in case of personal injury resulting from negligent act, general damages may be recovered for pain and suffering injury to health and personal inconvenience. 

See Osborn’s Concise Law Dictionary.6th Edition pgs 156-157.

Special Damages 

Special damages are that kind of damage that are not presumed by law. They must be expressly pleaded and proved.

Punitive Damages 

Punitive damages are awarded not only by way of compensation, but also as a punishment to offender. They are exemplary or vindictive awarded not merely as pecuniary compensation for the loss actually sustained by the Plaintiff but also as a kind of punishment of the Defence with view of discouraging similar wring in future. See Angela Mpanduji vs. Ancilla Kilinda[1985] TLR 16

Mitigation damages

Mitigation of damages refers to steps taken by Plaintiff in order to reduce damages. The defendant can not be liable for acts which the plaintiff failed to take steps to mitigate. 

Note: Generally, it is the duty of the party whose legal rights have been infringed to act reasonably in mitigation of damages.

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