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CHAPTER 12 Damages in tort

Remedies in Construction Law

Page 147


Damages in tort

Damages in tort

12.1 Lord Blackburn said in Livingstone v Rawyards Coal Co 1 that the measure of damages is “that sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation or reparation”. Livingstone v Rawyards Coal was a tort case, a claim for trespass to goods, and thus applies not only to claims in contract (hence the citation at paragraph 8.2 above), but also to tort cases.2

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