Barkin' Back: A New Look at Betterment

Ronan Champion

August 2006

A paper based on a commended entry in the SCL Hudson Prize essay competition 2005.

When an asset is destroyed or damaged through negligence, in what circumstances is the full replacement cost the appropriate measure of damages? Or if the claimant thus obtains some advantage ('betterment'), should this be evaluated and deducted from the damages? onan Champion explores English, Canadian, Australian and New Zealand caselaw and suggests that the right way forward is to accept - in appropriate cases - deductions for betterment.

Introduction - The legal background - Evolution of the English caselaw - Economics and law - Decisions before canadian courts - Cases in New Zealand - Cases in Austrailia - ecent decisions in England - Conclusion.

The author is a partner with EC Harris LLP in London.

Text: 13 pages

PDF file size: 300k