Contract Law - The award of damages in tort

What this page is about: An essay on the principles governing the award of damages in tort which students may find useful.

The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort had not been committed (Livingstone v Raywards Coal Co 1).

In some cases, the claimant will have suffered several different kinds of loss.  These types fall into various categories.

Pecuniary losses are losses capable of mathematical calculation in monetary terms.  The damages awarded may be classified as special damages, where there can be a precise mathematical calculation of the amount to be awarded, or general damages where the amount can still be expressed in monetary terms but there's no precise mathematical calculation. 

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