ASSESSMENT OF DAMAGES FOR PERSONAL INJURIES OR DEATH IN THE COURTS OF THE COMMON-LAW PROVINCES
AbstractThe author claims that although the basic principles that determine damage awards are easy to state, consistent application remains difficult. In order to illustrate this difficulty, the principles of assessing damages for personal injury are laid out generally, problems arising out of them are identified and then the elements of damage are discussed according to their typical division: financial and personal loss. The right to recovery of damages by a third party is discussed, as is the inadmissibility of collateral matter, such as insurance, to reduce damages payable by a wrongdoer. The article follows the same format to discuss the assessment of damages for death, the main difference being the statutory basis for those determinations, and then considers the implications of contributory negligence on the determination.
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