LAW203 Final: Torts Law Exam-Notes
27 Jul 2018
School
Course
Professor
Document Summary
Awarded as a token acknowledgement of the plaintiff being wrong. There is no actual damage to the plaintiff, as the actions are actionable per se. (law v wright) Awarded when the court disapproves of the plaintiffs conduct, but they are still entitled to succeed. The plaintiff is unlikely to be awarded costs. (connolly v sunday times. 52(2)(a) cla) or an unlawful sexual assault (s 52(2)(b) cla). Awarded for actual damage to place the plaintiff in the position as if no tort had been committed. (butler v egg and egg pulp marketing board). An award of damages must not enrich the plaintiff, nor should the plaintiff be under compensated (admiralty commissioners v ss valeria). Dictates the plaintiff only receives net rather than gross, and advantages brought to plaintiff must be set off. Future economic losses are discounted, and interest can be awarded for out of pocket expenses.
