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Discussing the statement, It is thought that the value of damages for a breach of a duty in tort and a breach of contract should be similar.

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  • Essay length: 1978 words
  • Submitted: 22/12/2003
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University Degree Contract Law

The first 200 words of this essay...

Damages

In discussing the statement, "It is thought that the value of damages for a breach of a duty in tort and a breach of contract should be similar.", it would be prudent to look at the obligations of the different parties under the two forms of law, to decide the validity of the statement. Due to the nature of law and the importance of making correct and reasonable judgements, there are always going to be decisions, rulings and judgements that will not satisfy all parties. In order to justify these decisions, the ruling party has to possess not only a thorough understanding of the law but also the full circumstances surrounding the actions brought by the plaintiff and also knowledge of any relevant cases brought beforehand which may set a binding precedence. It is therefore, bearing these last two points in mind, that no two cases where damages are seeking to be awarded are the same, whether it is under contract law or tort.

Damages are said to be,

"A sum of money awarded by a court as compensation for a tort or a breach of contract." A Dictionary of Law, Oxford

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