|From:||Neil Foster <email@example.com>|
|To:||Gerard Sadlier <firstname.lastname@example.org>|
|Date:||17/07/2022 23:39:31 UTC|
|Subject:||Re: Reducing Damages due to Third Party Benefits|
I you can get hold of a copy, the authoritative treatment of this area in Australia (with comment on other common law jurisdictions) would in my view be the relevant chapter (chapter 9 "Benefits from Other Sources") in H Luntz & S Harder Assessment of Damages for Personal Injury and Death (5th ed, LexisNexis Australia, 2021). Harold of course is a long-standing member of this group.
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On 17/7/22, 11:49 pm, "Gerard Sadlier" <firstname.lastname@example.org> wrote:
I would be very grateful for any material you can refer me to
regarding the circumstances in which a wrongdoer (whether due to tort
or breach of contract etc.) is entitled to have their damages reduced
by reason of benefits conferred by a third party and the circumstances
in which such third party benefits may not be taken into account and
regarding the theoretical underpinnings of this area of the law. Self
Speaking for myself, I don't really see why such reductions ought to
be the rule, rather than the exception.