Chapter 8 Flashcards
How to prove Financial Value
by reference to accounts, invoices or other documents
Measure of Damages in an action for trespass
the decrease in the value of the land, and if applicable, a claim for loss of use of enjoyment is denied
Measure of Damages for Buildings
the cost of repair, less a deduction for betterment
Building Destroyed measure of damages
by reinstatement cost less betterment, though sometimes market value
Imperial College of Science and Technology v. Norman and Dawbarn (1987)
betterment is not deducted for buildings but is dedicated for chattels (content and personal possessions)
when can a claimant also claim for loss of profit during repairs to their property
if the property has profit-earning capacity and the closure period was necessary and reasonable
CR Taylor v. Hepworths Ltd (1977)
the court will not allow the claimant to profit from their loss
in this case, no damages were awarded because the defendants’ actions saved the claimants demolition costs, exceeding the diminution in value
Non-Building Property Claims Settlement
on an indemnity basis, with replacement cost less an allowance for wear and tear
Damaged Stock Value Calculations
based on the original cost of the stock, not the retail value, with consideration for age and season
Dodd Properties (Kent) Ltd v. Canterbury City Council (1980)
the court allowed the claimants to claim current costs due to the defendants wrongfully maintaining a denial until just before trial
Injunction
an order by the court requiring the defendant to refrain from a certain action, often used in cases of nuisance or trespass
Damages in Legal Terms
a monetary sum awarded to compensate the claimant for loss, injury, or damage, aiming to restore their pre-accident position
Nominal Damages
small damages awarded as recognition that a tort has been committed, even if no real loss occurred
Exemplary or Punitive Damages
damages awarded to punish the defendant for outrageous or deplorable conduct, not for compensation
excluded from UK policies
General Damages
compensation for losses that cannot be measured mathematically
