Remedies Chart for Legal Cases (Law of Damages)

Summary:

The Remedies Chart for Legal Cases includes various categories of legal remedies for different types of cases. The chart covers Personal Injuries, Damages, Pecuniary Losses, Non-Pecuniary Losses (General Damages), Past Pecuniary Losses (Special Damages), Cost of Care, Pain, and Suffering, Loss of Amenities, Loss of Expectation of Life, Future Pecuniary Loss, Multiplicand, Multiplier, Earning Capacity, Death from Personal Injury, Survivorship Action, Dependency Action, Destruction to Chattel, Damage to Chattel, Damage to Land, Breach of Contract (Sale of Land), Purchaser in Default, and Contract for Employment. Each category provides a specific type of remedy or compensation for the plaintiff.

Excerpt:

Remedies Chart for Legal Cases

DESTRUCTION TO CHATTEL
Liesbosch Dredger v SS Edition
1) No universal formula for the measure of damages for chattels
2) The basic value was the ‘value of the chattel at the time and place of loss
3) The value of the chattel was not the market value but the value to its owner as a going concern. The court should arrive at a ‘capitalised value of the chattel as a profit earning machine’

Cost of Replacement Method
When the chattel is destroyed the most usual method of assessing the value are those based on the costs of finding a reasonable replacement. Moore v D.E.R. Ltd where the claimant’s Rover car, which was used by him in his practice as a dentist, was rendered a total loss in an accident caused by the defendant’s negligence, the Court of Appeal held that the claimant was entitled to recover for the cost of hiring another Rover car for the 18 weeks which it took to obtain a new Rover, the long wait being in part due to a strike at the factory. The argument that the claimant should have hired a less expensive car was rejected on the ground that he was entitled to a comparable car; also rejected was the argument that the claim for the cost of a substitute car should be substantially cut down because the claimant could have bought a secondhand Rover within two weeks of the accident.