Investor Presentaiton slide image

Investor Presentaiton

. Principles guiding award of damages in cases of violation of human rights 272 Measure of damages for unlawful termination of employment under common law 272 . Principle governing award of damages for destruction or loss of property 273 Principle governing award of damages where there is total loss of a motor vehicle 273 . Principle governing award of damages in cases of detinue 274 . Principle governing award of damages for infringement of fundamental rights 274 • . . Principles governing the award of damages for trespass Distinction between "compensatory" and "punitive" damages Power of court to make assessment of quantum of 276 276 damages where liability is established 276 • Relevance of current value of currency as a factor in computing award of damages 276 • Duty on party claiming damages to mitigate his loss 277 SECTION 5 (D): Statement of Defence 277 • Denial of fact must answer point of substance 278 • • Where a matter of fact is alleged with diverse circumstances Traverse or denial of allegations in a statement of claim The general traverse 278 279 279 • • Effect of "the defendant denies paragraph...of the statement of claim and puts the plaintiff to the strictest proof thereof” Averment that a party is not in position to either admit or 280 deny an allegation 280 • Joinder of issues 281 Defendant to plead a point of law 282 Pleading estoppel, laches, acquiescence and standing by as a defence 282 • Denial of contract 283 • Defendant must raise issue of identity of land in his statement of defence 283 xxii
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