Remedies

Question 1

Compensatory Damages

Answer 1

Purpose = compensation
Future loss must be calculated

Question 2

Quantum of Damage

Answer 2

To put the plaintiff in to the position they would have been in if the tort had never been committed in the first place.

Question 3

Quantum of Damage - Land and Buildings

Answer 3

Two methods:
Value based assessment = undamaged value - damaged value –> sell for capital gain
Restoration-based assessment –> continue existing use

Question 4

Quantum of Damage - Chattels

Answer 4

Written off: sum that represents the value of the chattel to someone in P’s position:
- “Off the shelf” = sale price of undamaged chattel + interest (+exp?);
- Custom made = capitalised value as a profit-earning machine or cost of hiring substitute.

Question 5

Quantum of Damage - Betterment

Answer 5

Replaced/repaired asset worth more/works better than the damaged one:
- likely allow for betterment, with allowance for disadvantage to Plaintiff from involuntary spending.
- Defendant must prove betterment.

Question 6

Economic loss

Answer 6

Economic loss consequent on damage to property is recoverable.