General The law on damages is almost entirely judge made. There is very little statutory law which is of relevance. Accordingly, the principles are found in various cases. The principles on which damages are assessed and awarded have evolved over time. In civil claims, damages which are monetary compensation for loss or injury are the principal remedy. The law does […]
General The law on damages is almost entirely judge made. There is very little statutory law which is of relevance. Accordingly, the principles are found in various cases. The principles on which damages are assessed and awarded have evolved over time. In civil claims, damages which are monetary compensation for loss or injury are the principal remedy. The law does […]
Exemplary/ Punitive Damages The law of torts is not about punishment but about compensation. Punitive or exemplary damages arising from the nature of the wrong are intended to mark the court’s disapproval of the defendant’s conduct in the circumstances. They are awarded only exceptionally. Punitive and exemplary damages are largely synonymous, although there are some inconsistencies in the use of […]
Overview of Mitigation A party must take reasonable steps to mitigate his loss arising from another party’s wrong. He may not recover damages for a loss which he suffers, which he could have avoided by taking reasonable action. A person who has suffered a civil wrong , cannot delay and simply expect the defendant to cover all his cost. He […]
Overview Restitutionary damages seek to undo unjust enrichment. They seek to recoup benefits which have accrued to a wrongdoer, which exceeds the loss to the person who has been wronged. Compensation for breach of contract may comprise or include a restitutionary element. In other cases, restitutionary remedies are granted in circumstances where is no contract or where there was a […]
Overview The rules on remoteness may limit the extent to which the claimant may recover or may preclude recovery entirely. There is liability for negligence where there is a breach of duty causing damage, and the damage is not too remote. Where loss or damage has been caused by the defendant, but it is too far removed as a consequence […]
Interest in law and equity The law in relation to interest has developed in a fragmentary manner. Historically, the common law did not favour interest. At common law, where a person had an entitlement to receive payment of funds or has lost a specific measurable sum at a particular time, he may have lost interest by reason of the breach and […]
Inflation Inflation presented particular problems for the courts, particularly in the 1970s to early 1980s. With the return of inflation in the 2020s, the issues are likely to arise to a greater extent again. Periods of inflation have had a severely negative effect on lump-sum compensation awards made in the past. Awards for future nursing care may prove grossly inadequate […]
Tax in Damages Calculation At common law, awards of damages were not reduced or adjusted on the basis of the taxation effect. The issue of taxation arises in relation to a loss for which damages are awarded, which would otherwise be subject to tax, but where the damages awarded are not themselves subject to tax. In a famous case in 1956, […]