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The general principle regarding damages is that a claimant can recover compensation by an action for tort for all injuries that result from a defendant’s wrongful act or omission. The rule of damages for an injury that is caused to a property is the same as that applied for damages in tort cases. An injured party is entitled to damag...
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ProfessionalA large company refuses to honor a contract for damage to my property, basically telling me to take him to court. I can't afford to do this. My only recourse is to get the story on the internet and other public forums. How do I do this?
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Wazzeer Professional Network
ProfessionalThe general principle regarding damages is that a claimant can recover compensation by an action for tort for all injuries that result from a defendant’s wrongful act or omission. The rule of damages for an injury that is caused to a property is the same as that applied for damages in tort cases. An injured party is entitled to damages that will compensate his/her loss caused by the defendant’s wrongful act or omission. However, there is no established rule for determining the number of damages that is caused by a destruction of the property. Thus the amount of damages is calculated by considering the character of a property and the nature and injury to the property.[i]
The ultimate goal of giving compensation is to put an injured party back to his/her former position. Hence, in most cases, an injured party is given an amount equivalent to the actual loss suffered[ii]. The compensation will be given only for those damages that arose naturally or from the wrongful act of the defendant. An injury cannot be the result of an injured’s act [iii].The amount of compensation is calculated at the discretion of a court. The amount so calculated by the court will not be set aside unless the court exercises the discretion unlawfully[iv]. However, the calculation of compensatory damages is a question of fact that discretion
Legal action has to be taken no law can protect without voluntary action when it comes to affordability if you are not in a position to file a case. Legal Aid means giving free legal services to the poor and needy who are unable to afford the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal or before a Judicial authority.
The preamble of the Indian constitution basically aims to secure to the people of India justice – socio-economic and political. His Lordship Justice P.N. Bhagwati aptly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order including justice. Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law.
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
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almost 4 years ago
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A large company refuses to honor a contract for damage to my property, basically telling me to take him to court. I can't afford to do this. My only recourse is to get the story on the internet and other public forums. How do I do this?
-
Wazzeer Professional Network
ProfessionalThe general principle regarding damages is that a claimant can recover compensation by an action for tort for all injuries that result from a defendant’s wrongful act or omission. The rule of damages for an injury that is caused to a property is the same as that applied for damages in tort cases. An injured party is entitled to damages that will compensate his/her loss caused by the defendant’s wrongful act or omission. However, there is no established rule for determining the number of damages that is caused by a destruction of the property. Thus the amount of damages is calculated by considering the character of a property and the nature and injury to the property.[i]
The ultimate goal of giving compensation is to put an injured party back to his/her former position. Hence, in most cases, an injured party is given an amount equivalent to the actual loss suffered[ii]. The compensation will be given only for those damages that arose naturally or from the wrongful act of the defendant. An injury cannot be the result of an injured’s act [iii].The amount of compensation is calculated at the discretion of a court. The amount so calculated by the court will not be set aside unless the court exercises the discretion unlawfully[iv]. However, the calculation of compensatory damages is a question of fact that discretion
Legal action has to be taken no law can protect without voluntary action when it comes to affordability if you are not in a position to file a case. Legal Aid means giving free legal services to the poor and needy who are unable to afford the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal or before a Judicial authority.
The preamble of the Indian constitution basically aims to secure to the people of India justice – socio-economic and political. His Lordship Justice P.N. Bhagwati aptly stated that legal aid means providing an arrangement in the society which makes the machinery of administration of Justice easily accessible and in reach of those who have to resort to it for enforcement of rights given to them by law. Article 38(1) avows that the State shall promote the welfare of the people by securing and protecting the social order including justice. Article 21 clearly says that every person has an equal right to life and liberty except according to the procedure established by the law.
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
To have a detailed discussion with the subject matter expert who has answered this question -> "Get your Wazzeer"
almost 4 years ago
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