How are damages calculated in a professional negligence claim?

Year Published: 2015

Damages in negligence/tort should put the wronged party back into the position s/he was in before the wrong occurred. This is often impossible, unless the only losses are financial, so the courts will award monetary compensation to redress the loss or damage suffered.

In the event of a parallel contractual relationship, the aim of an award for damages is to put the wronged party into the position they would have been if the contract was performed properly. As above, financial compensation will often be the result. This means that the innocent party can seek to recover profits that he reasonably expected to receive had the contract been performed correctly.

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