Damages (Torts)

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Todorovich - 5% interest, CLA s 14 (2) (b).


Heads of damages:

  1. destruction of physical or mental capacity:
    • Includes consequential economic loss
    • Intangible loss such as loss of amenities.
  2. creating needs otherwise not existing
    • for example, nursing care or medical costs.
  3. Pain and suffering
    • harder to quantify, done with reference to other cases.

classification of damages:

  1. pecuniary
    • Everything that can be reduced to dollars.
  2. non-pecuniary
    • thing that cant be quantified.
  • Special damages - calculated precisely - $ expenses incurred prior to trial.
  • General damages - everything else, that cannot be exactly calculated (have to be estimated) - pain and suffering, extra financial loses after the trial, loss of amenities.

economic loss

  • past out of pocket expenses are recoverable. plaintiff has a duty to mitigate, entitled to cost of mitigation.
  • loss of earning capacity (the ability to earn)
  • Vicissitudes - have to account for random things in life.

Sherman v Evans:

  • deduct the expenses avoided due to the plaintiff's injury - he cannot recover for those.
  • There's no deduction for savings expenses which were incurred due to pastime activities.
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