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Although the normal aim of damages is to compensate a plaintiff for the harm they have suffered, in some situations a court may award damages that have a non-compensatory purpose. Click on each of the different kinds of damages below for an explanation of when they might be awarded.
Legislation may now limit the award of non-compensatory damages, as illustrated by s 21 of the Civil Liability Act 2002 (NSW). It provides that, in an action for the award of personal injury damages, where the act or omission that caused the injury or death was negligence, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages.
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