Commentary

73 Common aim of damages—compensation for loss

BAILMENT vol 3(1)
| Commentary

73 Common aim of damages—compensation for loss

| Commentary

73 Common aim of damages—compensation for loss

The main object of damages for breach of bailment is to achieve compensation for the innocent party1. Subject to reduction for remoteness of loss2 or other limiting factors3, and subject also to various exceptional cases4, the innocent party recovers his actual loss and no more. That broad general measure applies across the field of common law obligations, regardless of whether the action is founded on contract, tort or bailment, or of whether it is brought by bailor against bailee5 or by bailee against bailor6

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