{"title":"The supernatural in the law courts with special reference to the Witchcraft Act, 1735.","authors":"L FAIRFIELD","doi":"10.1177/030216374601400103","DOIUrl":null,"url":null,"abstract":"damages must be assessed. In a particular case an application was made for the loss of expectation of life, and it was said that the injured man would have received a pension in a short time, that that pension would have been so much, and that his ordinary expectation of life would be so many years, and that what he was awarded should be substantial. \"You must not take that into account,\" said the wrongdoer. \"If this man was going to get a pension. if he is' entitled to a pension, that has to be taken into account.\" The Minister of Pensions could deduct from his pension the amount he was likely to recover, and the wrongdoer would argue that he was entitled to reduce the damages by the amount that the Minister of Pensions was likely to allow him. and when one was set off against the other he would not pay anything. It was a curious thing that in such cases due allowance had to be made, and the Court of Appeal had to try to assess the amount which the Minister of Pensions would probably deduct from the amount he was going to pay, bearing in mind the fact that the injured man had a right of action against the wrongdoer for a substantial amount. How could that be assessed? One -would say it was impossible, and logically it was impossible, but the court had to face it and assess to the best of its ability the damages to which the plaintiff was entitled. The PRESIDENT said that the discussion had been worthy of the excellent papers. He was asked whether a post mortem was held in the case of his friend. No post mortem was held, but that did not alter his opinion.","PeriodicalId":88741,"journal":{"name":"The Medico-legal and criminological review","volume":"14 1-2","pages":"27-38"},"PeriodicalIF":0.0000,"publicationDate":"1946-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/030216374601400103","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Medico-legal and criminological review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/030216374601400103","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
damages must be assessed. In a particular case an application was made for the loss of expectation of life, and it was said that the injured man would have received a pension in a short time, that that pension would have been so much, and that his ordinary expectation of life would be so many years, and that what he was awarded should be substantial. "You must not take that into account," said the wrongdoer. "If this man was going to get a pension. if he is' entitled to a pension, that has to be taken into account." The Minister of Pensions could deduct from his pension the amount he was likely to recover, and the wrongdoer would argue that he was entitled to reduce the damages by the amount that the Minister of Pensions was likely to allow him. and when one was set off against the other he would not pay anything. It was a curious thing that in such cases due allowance had to be made, and the Court of Appeal had to try to assess the amount which the Minister of Pensions would probably deduct from the amount he was going to pay, bearing in mind the fact that the injured man had a right of action against the wrongdoer for a substantial amount. How could that be assessed? One -would say it was impossible, and logically it was impossible, but the court had to face it and assess to the best of its ability the damages to which the plaintiff was entitled. The PRESIDENT said that the discussion had been worthy of the excellent papers. He was asked whether a post mortem was held in the case of his friend. No post mortem was held, but that did not alter his opinion.