Subject Matter Index

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Award of damages as an exercise of discretion

Circumstances that can aggravate damages

Condition for the award of damages against a carrier

Distinction between award of damages in contract and award of damages in tort

Distinction between trading and non-trading customers in awarding damages for the dishonour of a cheque

Duty on a party claiming damages

Effect of failure of the trial judge to award damages

Factors governing the award of damages for dishonour of cheques

Factors that may be taken into consideration when awarding damages for the infringement of fundamental rights

Factors the court must consider in awarding damages for injury

How an appellate court considers whether the award of damages by a trial Court is based on evidence

Need for an award of damages to reflect the economic reality of the country

Object of an award of damages

Position of the law where the trial court failed to award damages

Principle of awarding damages in a fundamental rights actions

Principles for the award of damages for battery

Principles for the award of damages for malicious prosecution

Principles governing the award of damages by a court

Principles governing the award of damages for detinue

Principles governing the award of damages for dishonour of cheques

Principles guiding award of damages for breach of contract to lend money

Principles guiding the award of damages in fundamental rights enforcement actions

Purpose of awarding damages

Species of damages

2 subsidiary principles

The guiding principle in the award of damages

The object of awarding damages in contract and tort

The rationale for awarding damages to a successful party in an action

The relationship between general damages and aggravated damages

The rule that a Judge must tailor an award of damages to the amount claimed

The rule that a party is entitled to damages that flow directly and naturally from the breach

The rule that the power to award damages is within the precinct of the trial court

The two limbs of the principle governing the award of damages in contract

When an award of general damages is improper

When award of general damages will amount to double compensation in a motor accident claim

Whether a claimant is entitled to general damages for libel where his cheque was dishonoured

Whether a court has an unbridled licence to award damages in an action founded on both contract and tort

Whether a court will grant an unreasonable claim for damages

Whether an award of both special damages and general damages can be made in an action for conversion

Whether an award of damages for wrongful dishonour of cheque is an exception to the general rule regarding breach of contract that the plaintiff must plead and strictly prove his loss or be entitled to nominal damages

Whether an award of damages is granted as a matter of course

Whether a party can be awarded damages from a breach of contract and tort at the same time

Whether a party who has been fully compensated under one head of damages for a particular injury can be awarded damages in respect of the same injury under another head

Whether a trial court must award damages having held that the plaintiff's fundamental rights have been breached

Whether damages can be awarded in an action instituted by a motion

Whether damages can be awarded to a person whose right to personal liberty has been infringed upon

Whether damages can be awarded where there is no breach of contract

Whether damages not claimed can be awarded in fundamental rights actions

Whether it is enough for a court can award damages without giving reasons

Whether speculation should be considered in the award of damages

Whether the award of damages is intended to be punitive

Whether the court can award damages in lieu of specific performance/injunction

Whether the court can award more damages than the amount claimed by a party

Whether the court has inherent powers to award damages

Whether the court has power to take into account and consider the value of the currency in which an award of damages is to be made

Whether the court must award the actual amount claimed as damages

Whether the manner in which reliefs were couched affects an award of damages

Whether the presence of a penalty clause in a contract is a bar to the award of damages

Whether there is a distinction in the principles governing the award of damages in contract and in tort

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