Remedies - Quantification

Question 1

Chaplin v Hicks (Uncertainty Doesn’t Mean no Damages)

Answer 1

The fact that damages cannot be assessed with certainty does not relieve the wrongdoer of the obligation of paying them
* In other words, the calculation of damages always requires an amount of guesswork by the court and that is ok. It is impossible very often to be absolutely grounded in evidence about what the measure relief should be. Doing justice will sometimes require guesswork.
· You are entitled to damages as long as there is some evidential foundation that you would have received something.