ABSTRACT

This final chapter concerns a topic that many students often ignore. All claimants in tort are seeking a remedy. The most important remedy in tort is damages and questions involving a discussion of damages for personal injury or death can often be set by examiners. It is a general rule of law that damages are awarded to compensate the claimant, rather than to punish the defendant. This is an essay question on the topic of damages in the law, asking for a peculiar focus on the concern that damages might lead to the claimant acquiring a profit. Ensure that you do not engage in a lengthy descriptive discussion and that you adequately address instances where the law has either limited or allowed the possibility of drawing a 'profit' with sufficient analysis. Damages are the primary remedy for those making a claim in tort but the question of who is to blame and who pays are not always the same person.