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This chapter considers the principal categories of damages which typically arise for discussion (if not for application) in the tort of negligence: compensatory damages (including those awarded in the event of a tortiously-caused death); aggravated damages; exemplary damages; nominal damages; and restitutionary damages. The chapter does not purport to give an exhaustive treatment of the subject of damages in negligence, nor does it cover the manner in which damages may be paid (e.g., via lump sums, structured settlements, and periodic payments).1 Instead, it focuses on key heads of damage, terminology, and some of the controversial issues associated with these categories.
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