Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    0
    ReputationRep:
    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.
    Offline

    17
    ReputationRep:
    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
    Offline

    0
    ReputationRep:
    (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.
    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.
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    Did TEF Bronze Award affect your UCAS choices?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.