Limits to Damages in Torts

Question

What are the Limits to Damages in Torts?

Answer 1

In tort law, there are various legal limits to compensation for losses suffered as not every conceivable loss of a plaintiff can be compensated.

These include:

• Lack of causation: The defendant’s action did not cause the plaintiff’s damages.

• Too remote: The relationship between the defendant’s action and the plaintiff’s loss is too remote, i.e., the defendant could not have reasonably foreseen the type of damage that occurred.

• Failure to mitigate: Where the plaintiff fails to take reasonable steps to minimize losses, the damages awarded will be capped at what the court deems they would have been had the plaintiff mitigated his or her damages.