Question: It is a general rule of law that damages are awarded to compensate the claimant, rather than to punish the defendant. Are there any situations in which a claimant could make a profit out of the damages awarded to him?
Answer: The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort had not been committed (Livingstone v Raywards Coal Co (1880)). In some cases, the claimant will have suffered a loss capable of mathematical calculation in monetary terms. Here there can be a precise mathematical calculation of the amount to be awarded. In many scenarios however the reverse is true. In many scenarios however the reverse will be true.......(short extract)
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Details: - Mark: 70% | Course: Tort Law | Year: 2nd/3rd | Words: 2007 | References: No | Date written: March, 2009 | Date submitted: November 01, 2009 | Coursework ID: 574
