Question with Andrew

Actions: 1. Damage to land-home and business;

2. Damage to chattel-car and jewelry ;

Damages assessed under 2 heads-Basic loss and consequential loss.

Basic Loss

Method of assessment depends on the use to which claimant put land.

1. Diminution in saleable value; Difference bet value before and after damage. Used where:

a. land used for commercial purposes ;

b. replacement or restoration impossible.

2. Cost of replacement: Used where:

a. claimant used land for personal use;

b. There is no market for property.

3. market rental value: used where there is wrongful occupation but one would first apply for
interim injunction.

CONSEQUENTIAL LOSS

Similar to loss of chattel, reasonable expenses incurred:

1. loss of use;

2. loss of profits;

APPLICATION TO QUESTION

Damage to land
Basis loss- to put Andrew in position he was in before tort was committed.

Business- measure of Damages is diminution in value;

Home: measure of damages is replacement or repair. If court determines that cost to repair is
more than cost of replacement that might not be reasonable in the circumstances.

Consequential loss:

Cost of alternative accommodation. Issue is whether move to Hilton was reasonable. Depends on
his standard of living, area where he lives, Also fact that Hilton is readily available. Also
depending on time it takes to repair/rebuild house he can stay at Hilton for some time and more
reasonable accommodation for remainder.

Damage to chattel

Use principles of previous lecture: Repair or replacement value of Car, consider special value.