200756 Study Guide - Final Guide: State Rail Authority, Dyson Heydon, Brucellosis
Document Summary
The compensation principle in contract and tort law. Tort: pecuniary compensation is the main type of penalties sought after by a plaintiff today, the aim of pecuniary compensation - livingstone v rawyards coal co (1880): It can be categorised as a retrospective remedy as it goes back in time: damages are generally assessed, for personal injury cases, at the date of judgement. Contract: the aim of compensation in a contractual setting is different to that envisaged at tort. It is summarised by baron parke in robinson v harman: The court will look forward, as if the contrary had been completed, to determine the amount of compensation payable. Re national coffee palace co; ex parte panmure". Facts: a customer of panmure (stockbrokers) asked them to buy worth of shares in. Their customer"s name showed up on the share register for coffee palace. Although the customer, lawrence, successfully repudiated the contract, cofee palace sued.