Question
What types of damages can be awarded for negligence in Kenyan law?
What types of damages can be awarded for negligence in Kenyan law?
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Negligence is the failure to take duty of care that a reasonable person would have exercised under the same circumstances.The failure leads to breach which is awarded damages.The following are the different types of damages awarded.
i. Compensatoty damages - Are monetary in form awarded to an injured party that compensate for damages, injury or any other incurred loss.
ii. Punitive or exemplary damages -These are damages assessed in order to punish the defendant for outrageous conduct. They are often awarded if compesatory damages are deemed an inadequate remedy.
iii. Nominal damages - Are a small sum of money awarded as damages to someone who has suffered a legal wrong but no actual financial loss
iv. Liquidated damages - Are an exact amount of money a party will owe if it breaches a contract in order to compensate the injured party for it's loss.
Other types of damages include, an order of specific performance, Injunctive relief and rescission.
i. Compensatoty damages - Are monetary in form awarded to an injured party that compensate for damages, injury or any other incurred loss.
ii. Punitive or exemplary damages -These are damages assessed in order to punish the defendant for outrageous conduct. They are often awarded if compesatory damages are deemed an inadequate remedy.
iii. Nominal damages - Are a small sum of money awarded as damages to someone who has suffered a legal wrong but no actual financial loss
iv. Liquidated damages - Are an exact amount of money a party will owe if it breaches a contract in order to compensate the injured party for it's loss.
Other types of damages include, an order of specific performance, Injunctive relief and rescission.