Contract Law - Damages
What are the main things you would have to discuss in this question?
“Recent case law shows that there are no hard and fast rules governing the assessment of damages. Instead the courts seem to be guided by two general principles: that the claimant should get fair compensation for his losses, no more and no less, and that the defendant should not be allowed to „get away with? breaking his contract.”
Critically discuss.
“Recent case law shows that there are no hard and fast rules governing the assessment of damages. Instead the courts seem to be guided by two general principles: that the claimant should get fair compensation for his losses, no more and no less, and that the defendant should not be allowed to „get away with? breaking his contract.”
Critically discuss.
The principle of fair compensation (though it isn't called that...)
The principle that a defendant shouldn't get away with breaking his contract (which isn't really a principle at all)
Any other general principles that you think are relevant
A discussion of whether the law of assessment is principled or whether it operates on a scatty case-by-case basis
The principle that a defendant shouldn't get away with breaking his contract (which isn't really a principle at all)
Any other general principles that you think are relevant
A discussion of whether the law of assessment is principled or whether it operates on a scatty case-by-case basis
Original post by ambiguous_life
What are the main things you would have to discuss in this question?
“Recent case law shows that there are no hard and fast rules governing the assessment of damages. Instead the courts seem to be guided by two general principles: that the claimant should get fair compensation for his losses, no more and no less, and that the defendant should not be allowed to „get away with? breaking his contract.”
Critically discuss.
“Recent case law shows that there are no hard and fast rules governing the assessment of damages. Instead the courts seem to be guided by two general principles: that the claimant should get fair compensation for his losses, no more and no less, and that the defendant should not be allowed to „get away with? breaking his contract.”
Critically discuss.
Consider the impact of the awards of damages. Noting asbestosis and pleural plaques and the impact of those awards have been in the US compared to the refusal of the HoL to accept pleural plaques as more than diminimus.
The first sentence says it all; that is one of the advantages of tort, being able to adapt to the circumstances.
You should remember that this is an area of law that extremely sensitive to facts; and as a result can lead to very different awards of damages for things that seem almost identical.
The law of torts seems to have to strike a balancing act between the economy and the individual - something that underpins any award of damages.
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