Dear Ger;

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 (5^th ed, LexisNexis Australia, 2021). Harold of course is a long-standing member of this group.

Regards

Neil

 

 

NEIL FOSTER

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On 17/7/22, 11:49 pm, "Gerard Sadlier" <gerard.sadlier@gmail.com> wrote:

 

    Dear all

 

    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

    promotion encouraged!

 

    Speaking for myself, I don't really see why such reductions ought to

    be the rule, rather than the exception.

 

    Kind regards

 

    Ger