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Could you please explain the assessment of damages on breach of contract in Tort law and Employment law?
Thanks in advance 🙂
I’m not sure what constitutes a ‘breach of contract in Tort law and Employment law’
Do you want to explain more clearly what you mean?
Thanks
I wanted to know how do we assess the damages when there is a breach in contract law, Tort law, and Employment law?
Please explain both common law remedy and equity law remedy in contract law, tort law and employment law!?
Ah! 3 separate questions!
The subject of damages for breach of contract is covered in chapter 4 of the course notes on pages 34 and 35 and also covered in the related lectures
In tort, the courts will assess the extent of the injury suffered as a result of the tort-feasor’s negligence. I’m not sure that there are any hard and fast rules about it other than the abilities of the legal representatives of the two parties to persuade the court to award more (or less, if you’re acting for the tort-feasor!)
For employment law, compensation for dismissal by an employer is covered by statutory measurement. The only exception of which I am aware is the award by the tribunal of a discretionary amount but, again, I’m not aware of any hard and fast rules. As the name suggests, it’s a discretionary amount and may not be awarded at all
OK?
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