Compensation for moral damages in tort liability Study comparison

Abstract

Every person is aware of their actions and therefore is obligated to cause harm to others if this obligation is breached the person is responsible for repairing the damage and compensating the injured party Hence one is liable for the harm they cause and the fundamental goal civil liability is to compensate the person who suffered the harm.

Harm can be financial affecting a person wealth or affecting their feelings self –perception dignity reputation and social standing . oral damage that affects a persons financial standing is subject to compensation . To assess this kind of harm the concept of moral damage must be understood and thus the requirements of liability for moral damage must be met. For compensation to be awarded the damage must be actual and certain distinguishing it from potential or hypothetical harm ,which is uncertain and not compensated unless it becomes real and direct. Furthermore, the person seeking compensation must have personally suffered the harm. The harm must be personal, and the person seeking compensation must have truly and lawfully suffered it. When assessing moral damage, it is not measured by a fixed monetary amount. Rather, it is up to the judge to determine the  appropriate compensation based on the specific circumstances of each case and the extent of the harms impact on the injured party. The aim of compensation is to restore the moral balance of the injured party and soothe the emotional pain or psychological suffering, while also preserving human dignity and respect.