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Part Two Compensation, s.Two Damages for the Different Types of Loss, 13 Loss of reputation

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 — Calculation of damages — Loss of chance and damages — Loss of profit and damages

Loss of reputation is a non-pecuniary loss, which is traditionally regarded as distinct from mental distress in that it deals with society’s feelings towards the claimant, rather than with the claimant’s own feelings. But often mental distress consequent on loss of reputation is not clearly separated from the award for loss of reputation itself. Indeed, all non-pecuniary loss, including loss of reputation, is ultimately regarded as a loss only in terms of the distress or loss of happiness caused to the claimant. In order to put the claimant into as good a position as if the tort or breach of contract had not occurred, damages should be awarded, subject to the usual limiting principles, wherever loss of reputation and consequential pecuniary loss result from a tort or breach of contract. This chapter discusses the damages awarded for loss of reputation and the assessment of damages for loss of reputation.

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