One of the great challenges to Courts in civil claims is to award damages in an appropriate manner which as far as possible places the plaintiff in the position that he or she would be in but for the injury. The awarding of appropriate damages to a person leading a part-subsistence village lifestyle presents the Courts with a special challenge.
This article considers the attempts that the Courts in Papua New Guinea have made to award appropriate damages to people living this lifestyle. The article attempts to bring together the common principles that emerge through the cases. It also outlines some of the important issues that still need to be addressed by the Courts to ensure that the actual needs of plaintiffs living in a village lifestyle are addressed.
