Quantum of Damages in Tort Law

11 Pages Posted: 28 Aug 2010 Last revised: 6 Sep 2010

See all articles by Modhura Roy

Modhura Roy

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL)

Date Written: August 27, 2010

Abstract

A tort is the violation of a right of a person or a breach of duty of another towards him/her. In tort law, a remedy in the form of monetary compensation is given to the aggrieved party. Certain rules/formulae have been laid down to ascertain the quantum of damages to be given, as per judicial precedence. This paper deals with the various methods which are utilized to quantify the damages that arise in tort law, the justification of the existing rules and the possibility of introduction of any future enhancements. Research has also been done as to the applicability and relevance of these rules in the Indian parlance.

Keywords: Tort, Damages, Quantum

JEL Classification: K13

Suggested Citation

Roy, Modhura, Quantum of Damages in Tort Law (August 27, 2010). Available at SSRN: https://ssrn.com/abstract=1666830 or http://dx.doi.org/10.2139/ssrn.1666830

Modhura Roy (Contact Author)

Indian Institute of Technology (IIT), Kharagpur - Rajiv Gandhi School of Intellectual Property Law (RGSOIPL) ( email )

IIT Kharagpur
West Bengal
Kharagpur, West Bengal 721302
India

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