Quantum of damages in injury claims

Abstract

One of the most significant maxims of natural justice has been syntesized in the two words neminem laedere. It logically follows that a person negligently or maliciously causing damage is in duty bound to make good that damage. This is a principle universally recognised and applied. Our Civil Code recognises and applies this principle in very clear term. According to Section 1074 of the Civil Code every person shall be liable for the damage which occurs through his fault. Hence, an unlawful act 9 whether positive or negative 9 whether the result of dolus or culpa 9 which causes damage to the person or to the property of another individual9 is a source of obligation which gives a right to the injured party to ask that he be placed in the same position he was in before the occurence of that unlawful act. This is a right which is sanctioned by our law.