tortious measure of damages

tortious measure of damages
Damages awarded in respect of a tort. Such damages aim to put the injured party back in the position he was in before the tort occurred.
In tort, the claimant cannot recover expectation loss. But as the aim of tortious damages is to put the claimant back into the position he was in pre-tort, the claimant will therefore be able to recover reliance loss. Damages in tort are subject to the principles of remoteness, causation and mitigation.
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Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Look at other dictionaries:

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  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • damages — A pecuniary compensation or indemnity, which may be recovered in the courts by any person who has suffered loss, detriment, or injury, whether to his person, property, or rights, through the unlawful act or omission or negligence of another. A… …   Black's law dictionary

  • exemplary damages — see damage 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. exemplary damages …   Law dictionary

  • compensatory damages — n: actual damages at damage 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • punitive damages — see damage 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. punitive damages …   Law dictionary

  • retributory damages — Also known as exemplary damages, retributory damages or vindictive damages. Damages awarded in excess of the claimant s loss. They are intended to punish the defendant and are more closely connected to criminal law than tort or contract. Punitive …   Law dictionary

  • vindictive damages — Also known as exemplary damages, retributory damages or vindictive damages. Damages awarded in excess of the claimant s loss. They are intended to punish the defendant and are more closely connected to criminal law than tort or contract. Punitive …   Law dictionary

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