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Words: | Submitted: Mon Dec 22 2003
... by a court as compensation for a tort or a breach of contract." A Dictionary of Law, Oxford University Press the effect of which is to compensate the plaintiff in full for their losses (Restitutio in integrum). What affects the principal of damage claims is whether or not the obligations between the defendant and the plaintiff were entered into voluntarily (Contract) or involuntarily (Tort), as this will affect the reasoning behind the award of any damages and possibly the extent of any award. Under contract law, damages are supposed to compensate the plaintiff by placing them in the same position as though the contract had been performed. This is governed by what is known as the Hadley v Baxendale rule, which stipulates that the innocent party should receive such damages as may "...fairly and reasonably be considered either arising naturally...from such breach...or such as may be supposed to have been in the ...
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