Commentary

81 General compensatory rule

BAILMENT vol 3(1)
| Commentary

81 General compensatory rule

| Commentary

(d) Actions for bailment

81 General compensatory rule

The measure of damages recoverable by a bailor in an independent action for breach of bailment1 depends primarily on the obligation which has been broken. The general principle of damages in bailment is that of compensation (sometimes called restitutio in integrum2) but this is subject to the qualification that only those losses are recoverable which satisfy the necessary test of remoteness3. The test of remoteness probably depends on the nature of the claim.

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