Commentary

84 Extra-compensatory damages in bailment

BAILMENT vol 3(1)
| Commentary

84 Extra-compensatory damages in bailment

| Commentary

84 Extra-compensatory damages in bailment

The normal principle that damages are compensatory gives way in certain special cases of bailment1. Extra-compensatory damages are awarded at common law where a bailee seeks damages from a third-party wrongdoer2, or where a non-owning bailor seeks damages from a defaulting bailee3, or where a bailee sues on a contract of insurance made in relation to goods in his possession4. In all these cases5 the claimant can recover the full value of the goods or the full cost of their repair though his personal loss and his responsibility to others is less than that.

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