With the "back to school" season upon us (although it
looks and feels very different this year), it is a good time to hit
the books and review the latest developments in solicitors'
negligence. This four-part series will examine the essential
elements of solicitors' negligence with a specific focus on
will-drafting lawyers. Cram now, and ace the test later!
Damages
The fourth and final installment in this series examines loss
quantification, also referred to as "damages."
General Rules
It is a basic tenet of tort law that a plaintiff cannot recover
more in damages than was caused by a defendant's wrong, and a
wrongdoer is responsible only for losses caused by foreseeable
harm.1
Estate litigation tends to follow the civil litigation principle
that the "loser pays," so that a negligent will-drafting
lawyer will be responsible for damages that arise as a result of
their negligence.
