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Damages are the amount allocated to the innocent party in the event of a breach of contract or any negligent acts committed by the defendant.
Damages are the amount allocated to the innocent party in the event of a breach of contract or any negligent acts committed by the defendant. However, one of the most important elements for any plaintiff to be successful is the need to establish that there is a causal relationship between the defendant's acts and the plaintiff's injury and loss. Requirements:
- Define and explain the concept of damages in law. What are the steps that the innocent partyneed to establish to claim damages? (5 marks)
- Define and explain the concept of causation and its application to the plaintiff's quest to get damages. Review the concept of the "but for principle". You need to review three (3) case laws on this issue. (17 marks)
- The concept of causation however can be influenced by intervening acts and contributory negligence, which can break the chain of causation. You are required to discuss this matter with 3 supporting case laws. ( 18marks)
Note.
- You cannot copy and paste the various cases.
- You are required to discuss via a few paragraphs, what was the issue, basic facts and the judgement.
- Conclude by applying the mentioned cases to the issue at hand in respect of question (a) and (b) above.
Requirements
- Your answer should include, an introduction, as well as a conclusionin respect of the questions.
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