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Title: Damages
Contributor(s): Clarke, Andrew (author); Devereaux, John (author); Werren, Julia C (author)
Publication Date: 2011
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Abstract: The award of damages in the torts law context aims to restore the plaintiff making the claim to his or her pre-accident position, as far as money can. The plaintiff must prove on the balance of probabilities: • that the defendant owed a duty of care; • the defendant breached the duty of care; • the defendant suffered compensable loss or damage, that is, loss or damage recognised by the law as something of value and not merely insignificant or a trifle; and • the defendant's breach caused the plaintiff's injury, loss or damage, that is, there is a logical and legal link between the defendant's wrongdoing and the loss suffered by the plaintiff. It is essential that the plaintiff proves each of these elements on the balance of probabilities. If one item fails, the whole case fails. If the plaintiff can show that he or she has suffered damage, the court awards damages for that loss, damage or injury. It will do so by ascertaining a monetary figure that as near as possible equates to the loss.
Publication Type: Book Chapter
Source of Publication: Torts: A Practical Learning Approach, p. 573-645
Publisher: LexisNexis Butterworths
Place of Publication: Chatswood, Australia
ISBN: 9780409331356
Field of Research (FOR): 180126 Tort Law
HERDC Category Description: B3 Chapter in a Revision/New Edition of a Book
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