Law:

Section:

(a) Tort--- ----Invasion of property rights--- 'User damages', award of---Principles---Damages assessed by reference to the value of the use wrongfully made of property, measured by what a reasonable person would have paid for the right of user (sometimes termed "user damages") were readily awarded at common law for the invasion of property rights---Damages were available on a similar basis for the invasion of intellectual property rights. (b) Damages--- ----Common law damages for breach of contract---Principles---Such damages were intended to place the claimant in the same position as he would have been in had the contract been performed---Such damages were therefore normally based on the difference between the effect of performance and non-performance upon the claimant's situation---Where the breach of contractual obligation had caused the claimant to suffer loss, that loss should be measured or estimated as accurately and reliably as possible---Law tolerated imprecision, and there were different legal principles which could assist in estimating the claimant' loss---Contract law damages could not be awarded merely for the purpose of depriving the defendant of profits made as a result of the breach, except in exceptional circumstances---Contract law damages were not a matter of discretion; they were claimed as of right and were awarded or refused on the basis of legal principle. (c) Equity--- ----Damages in equity, award of---Principles and quantification---Damages could be awarded in substitution for an injunction or specific performance where the court had jurisdiction to grant such a remedy when the proceedings were commenced---Damages on this basis were a monetary substitute for what was lost by the withholding of the remedy---One method of quantifying damages under such head was by reference to the economic value of the right which the court had declined to enforce---Such a valuation could be arrived at by reference to the amount which the claimant might reasonably have demanded in return for the relaxation of the obligation in question. (d) Damages--- ----'Negotiating damages' (sum that the claimant could hypothetically have received in return for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492