单词 | Aggravated damages |
释义 | 加重損害賠償 Substantial, general compensatory damages awarded when the manner in which a tort is committed is particularly insulting and humiliating. They are not awarded to punish the defendant, but to compensate the plaintiff for injury to feelings or mental distress caused by the manner in which the wrongful act was committed. Aggravated damages are mainly awarded in respect of the torts of trespass, defamation, intimidation and conspiracy. Wong Kwai Fun v Li Fung (HCA 5810/86, unreported); Ting Kwing Shou Wendahl v Parke & Ors [1987] 1 HKC 450 (HC); Jolliffe v Willmett & Co & Anor [1971] 1 All ER 478; Appleton v Garrett [1996] PIQR 1. Aggravated damages should not be awarded in an action for negligence against a doctor: AB & Ors v South West Water Services Ltd [1993] 1 All ER 609 (CA). See also Damages; Exemplary damages; General damages; Substantial damages. |
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