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.

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