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Business & Finance20 mins ago
tort law
what is the laws approach to damages
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I think you need to be a bit more specific because the topic of "damages" is huge.
Probably the largest area of tort is the tort of negligence. The law aims to compensate those who have suffered at the hands of negligent drivers, professionals, builders etc. The theory is that the damages are compensatory rather than punitive and that they restore the injured party to the position they would have been in had the negligent act not occurred. In cases of straightforward financial loss that is easily quantifiable. In cases such as personal injury it is impossible for the law to put someone in a position they were in prior to the damage occurring so they are compensated for pain suffering and loss of amenity.
Contrast with damages for breach of contract, where the law is attempting to put one in the position where he would have been had the contract been properly performed.
Probably the largest area of tort is the tort of negligence. The law aims to compensate those who have suffered at the hands of negligent drivers, professionals, builders etc. The theory is that the damages are compensatory rather than punitive and that they restore the injured party to the position they would have been in had the negligent act not occurred. In cases of straightforward financial loss that is easily quantifiable. In cases such as personal injury it is impossible for the law to put someone in a position they were in prior to the damage occurring so they are compensated for pain suffering and loss of amenity.
Contrast with damages for breach of contract, where the law is attempting to put one in the position where he would have been had the contract been properly performed.
I would go with the saying that under UK law, damages are intended 'to place the claimant in a position he would have been in but for the defendant's actions'.
The UK, unlike the USA, does not as a rule have punitive damages to punish someone.
The aim is that damages make good the harm done, but no more. There are cases where damages are an inappropriate remedy (slander, breach of confidence etc, false attribution of authorship)- usually when information that cannot be undone is disclosed- so alternative measures are often used (injunctions etc) and any damages awarded are minimal.
Can I just suggest as well- maybe next time you need a question answered you use a question mark and a please? I'm in a good mood this morning (I have coffee) and I doubt your question is homework as it's late in the academic year for that- but on the internet, you may come across as a bit rude or demanding and as a rule, people on here don't respond well to that :-)
The UK, unlike the USA, does not as a rule have punitive damages to punish someone.
The aim is that damages make good the harm done, but no more. There are cases where damages are an inappropriate remedy (slander, breach of confidence etc, false attribution of authorship)- usually when information that cannot be undone is disclosed- so alternative measures are often used (injunctions etc) and any damages awarded are minimal.
Can I just suggest as well- maybe next time you need a question answered you use a question mark and a please? I'm in a good mood this morning (I have coffee) and I doubt your question is homework as it's late in the academic year for that- but on the internet, you may come across as a bit rude or demanding and as a rule, people on here don't respond well to that :-)
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