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ARTICLE · 02 DECEMBER 2011

General Damages ....In General

General damages is the broad term given to non-pecuniary loss such as pain and suffering, loss of amenities, emotional harm, etc.

South AfricaLitigation, Mediation & Arbitration
Deon Francis
Deon Francis
Reshana Pillay
Reshana Pillay

General damages is the broad term given to non-pecuniary loss such as pain and suffering, loss of amenities, emotional harm, etc and is awarded to a plaintiff as part of a compensatory damages to cover all those losses which are not easily quantified as opposed to percuniary damages, ie damages for harm to one's personality and physical integrity. As pointed out by the court in the case of Hendricks v President Insurance 1993 (3) SA 158 C the nature of the damages which are awarded make quantifying the award very difficult.

When awarding delictual damages, courts have to determine the difference between the present "financial state" of the plaintiff and the state he or she would have been in had the delict not occurred. Percuniary damages are quantifiable, whereas quantifying the award to be made in respect of non-percuniary damages is not as easily determined. The nature of non-pecuniary loss makes it difficult to assess or calculate an appropriate amount precisely

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