Page 48 - The Circle of Life

General Damages

Then you get something called general damages which are impossible to show a
receipt for as it is things like pain and suffering. It may be disfigurement where

the compensation depends on your sex for the scars on a man's face may be
worth less than scars on a woman's face. Also how big it is and how much it

affects you? I suspect that under equality the man's scars may be rated higher
than used to be the case. You know! The metro man concept may not like scars.

General damages mean the loss of amenities and injury to personality which the

court must put a price on. It very much depends on who you are and what was
done to you and the publicity surrounding your case. An example here would be

the anguish suffered by the innocent party who got left at the altar and if left
under humiliating circumstances (where the bride walks out in front of everyone

causing a scene) it will be rated higher.

Finally you have damages which are pure economic harm and it must not be

connected to any physical injury or damage to property. For instance money
stolen from you!

Apportionment of damages & Contributory negligence

It is just right that damages should be shared by those who are responsible for
it. Thus it happens that more than one is sued and he pays the damages

awarded and then sues his mates for their contribution to what he paid out. It is

the plaintiffs prerogative who he sues and if needs be a party can be joined as
co-defender.

You would not believe this but sometimes the plaintiff (the one who suffered the
damages) may also be negligent and thus his damages reduced. An example

would be failure to wear a seatbelt. This is called contributory negligence and not
a complete defense in law meaning it does not take away the liability of the

other side but reduces the damages awarded. Interesting here is that it is not
deducted from 100%. Let me explain. Party A may be awarded 70% damages

and you would now think that Party B would be liable for 30%? You are wrong!
He can also be 70%. Point is the court looks at each individual and not both

together when apportioning the blame in percentages.

47