Commentary

78 Damages in tort

BAILMENT vol 3(1)
BAILMENT vol 3(1) | Commentary

78 Damages in tort

BAILMENT vol 3(1) | Commentary

(c) Tort

78 Damages in tort

Damages in tort seek primarily to restore the innocent party to the position he occupied before the tort was committed1. Unless the tort was deliberately wrongful or malicious, in which case liability may issue for all direct loss whether foreseeable or not2, liability in tort is limited to those losses which were reasonably foreseeable to the wrongdoer as a real risk of the wrong3. As with contract, damages may be reduced on grounds of failure to mitigate or contributory negligence4, and the loss must be shown

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