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assessment of damages on breach of contract in Tort law and Employment law

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › assessment of damages on breach of contract in Tort law and Employment law

  • This topic has 4 replies, 2 voices, and was last updated 1 year ago by MikeLittle.
Viewing 5 posts - 1 through 5 (of 5 total)
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  • December 21, 2021 at 3:15 pm #644658
    fizaali
    Member
    • Topics: 50
    • Replies: 36
    • ☆☆

    Could you please explain the assessment of damages on breach of contract in Tort law and Employment law?

    Thanks in advance 🙂

    January 13, 2022 at 10:09 am #645831
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    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

    January 13, 2022 at 11:12 am #645845
    fizaali
    Member
    • Topics: 50
    • Replies: 36
    • ☆☆

    I wanted to know how do we assess the damages when there is a breach in contract law, Tort law, and Employment law?

    January 13, 2022 at 11:13 am #645847
    fizaali
    Member
    • Topics: 50
    • Replies: 36
    • ☆☆

    Please explain both common law remedy and equity law remedy in contract law, tort law and employment law!?

    January 13, 2022 at 11:41 am #645856
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22705
    • ☆☆☆☆☆

    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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