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Part Two Compensation, s.Two Damages for the Different Types of Loss, 11 Personal injury losses

Andrew Burrows

From: Remedies for Torts, Breach of Contract, and Equitable Wrongs (4th Edition)

Andrew Burrows QC FBA

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 March 2023

Breach of contract — Loss of chance and damages — Loss of profit and damages

This chapter considers the law on personal injury losses. Personal injury includes disease and physical illness, such as cuts, bruises, broken bones, loss of limbs or loss of the use of limbs, blindness, deafness, and brain damage. Recognised psychiatric illnesses are included. Claims for personal injury are nearly always founded on a tort (and usually the tort of negligence or breach of statutory duty) but they can also be founded on a breach of contract. Damages cover non-pecuniary loss and pecuniary loss. The chapter discusses claims by the injured person (with an addendum on damages for wrongful birth) and claims by the deceased’s estate.

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