measure of damages
idea · 3 works · 4 mentions · 8 anchored passages
Measure of Damages · id quod interest · plaintiff's interest · remoteness of damage
in the texts
The Law of Torts
The legal doctrine governing how the amount of damages recoverable for a wrong is determined and reviewed.
As we have had occasion to point out in a former chapter, the rule as to “measure of damages” is laid down by the Court and applied by the jury, whose application of it is, to a certain extent, subject to review.
Ordinary damages are a sum awarded as a fair measure of compensation to the plaintiff, the amount being, as near as can be estimated, that by which he is the worse for the defendant’s wrong-doing, but in no case exceeding the amount claimed by the plaintiff himself.
“the rule with regard to remoteness of damage is precisely the same whether the damages are claimed in actions of contract or of tort”;
Institutes of Roman Law
Doctrine on how damages are computed: market value versus the plaintiff's specific interest, including indirect losses.
Instances of indirect damages due to the act or omission of a defendant, are:
or (2) its value to this particular plaintiff, id quod interest actoris, or utilitas actoris;
in this case the loss of the plaintiff does not include the damages he has indirectly experienced (damnum indirectum) nor the gain he has failed to realize (lucrum cessans).
Lectures on the Early History of Institutions
A legal topic on which the Book of Aicill is said to offer unusually sensible rulings.
and I have found it possible to extract from the quaint texts of the Book of Aicill some extremely sensible rulings on the difficult subject of the Measure of Damages, for which it would be vain to study the writings of Lord Coke, though these last are relatively of much later date.