The Law Reviews
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I OVERVIEW In Australia, monetary relief is available under common law, equity and statute. Determining whether a plaintiff is entitled to a damages award and the quantum of that award will require consideration of those three sources of law, the type...
i Introduction Damages are generally calculated as either (1) a loss of income or (2) a loss of capital. When damages are determined on account of a loss of capital, it is often necessary to perform a valuation of an asset or business. This chapter is...
I OVERVIEW The Brazilian legal system, mainly based on codes and legislation, provides for two main categories of civil liability: (1) fault-based liability, based on the culpability theory, in which there must be evidence of the damages suffered, of...
i Introduction In a court of law, opinion evidence is generally considered inadmissible. Expert opinion evidence is a special exception to this rule and is introduced in court proceedings when specialised or technical knowledge is required to assist the...
i Introduction Financial damages analyses calculate the difference between the financial results that 'would have' occurred absent the actionable event, and what actually transpired.2 The assessment of the financial performance of an operating entity...
i Framework Quantifying financial loss involves a hypothetical exercise of placing the injured party in the position they would have occupied but for the wrongdoing. In the case of breach of contract, this involves placing the injured party in the position...
I GENERAL PRINCIPLES Whether in civil law or common law jurisdictions, the general principle underlying compensatory damages is largely the same: such damages are awarded to put the innocent party in the position it would have been in had the harm not...
I Introduction In the modern age, almost all information is generated, edited and stored in a digital format. Digital evidence presents in a variety of ways including text-based records like spreadsheets, reports or notes, as well as multimedia like photographs,...
I OVERVIEW The approach of the Singapore courts with regard to compensatory damages claimed in civil litigation has been based on the usual principles like causation, remoteness of damages and mitigation. The claimant or plaintiff bears the burden of...
I OVERVIEW Under South African law, claims for damages are financial claims that are brought to compensate a plaintiff as a result of a loss-causing event that occurred because of the fault of the defendant. A claim for damages may be instituted by a...