Damages in Negligence cases in Zambia
Date
2013-04-23
Authors
Chibwe, Fanwell F.
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Abstract
This dissertation was tasked to examine the award of damages in negligence cases in Zambia. In this regard, it endeavoured to establish whether there is consistency in the award of damages in negligence cases in Zambia. It then examined the principles that courts follow in the quantification of damages in negligence cases. Through research, the dissertation found that that the plaintiff has a duty to adduce credible evidence of consequential illness to uphold the award of damages in negligence cases. This is because negligence is not actionable per se and there is no right of action for nominal damages. The dissertation also found that courts in Zambia have adjudicated many cases bordering on negligence and have followed the principles of law that have developed through case law. However, the incidences of inconsistency in the award of damages on negligence were common at the High Court level. Bearing in mind the fact that the law of negligence is still growing and new areas are being discovered, the dissertation recommends that organised workshops for the Judges would not only help the courts of law to keep abreast of the new developments but it would also ultimately foster consistency in the in the award of damages in negligence cases in Zambia
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Keywords
Negligence-Zambia , Negligence, Contributing-Zambia , Damanges