Publication Type

Journal Article

Publication Date

1-2018

Abstract

The use of the term “user damages” in reference to compensatory damages is particularly problematic because it tends to overgeneralise the cases and conceal the importance of identifying the relevant loss in each case, which has implications on issues of proof, quantification and mitigation. This has contributed to the persistent neglect to squarely address issues of loss, which has in turn led to both over- and underestimation of the limits of compensatory damages. Once we look past the broad label, it becomes obvious that the cases purportedly unified by a common measure of loss tend to vary widely in facts and that the employment of the same measure was often merely coincidental. If the broad label adds nothing but distraction and confusion, perhaps it is time to consider dropping it from our legal vocabulary.

Keywords

User damages, negotiating damages, Wrotham Park damages, compensation, restitution

Discipline

Commercial Law

Research Areas

Private Law

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

[2018]

Issue

1

First Page

73

Last Page

96

ISSN

0306-2945

Publisher

Informa Business Intelligence

Embargo Period

12-31-2019

Copyright Owner and License

Publisher

Additional URL

https://www.i-law.com/ilaw/doc/view.htm?id=386465

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