英语翻译Compensatory and Restitutionary Damages in TortTo begin

英语翻译
Compensatory and Restitutionary Damages in Tort
To begin with,we ask whether ARU could have been awarded a wider measure of damages for its loss,in particular,by reference to THG’s gains.As a preliminary point,it should be noted that the risk of under-compensation has traditionally been lower in the sphere of tort by reason of the court’s willingness to presume damage and assess such damage without strict insistence on specific proof of loss,particularly where there is uncertainty as to the exact extent of the claimants loss.In the Hospitality Group case,the majority observed that ARU was in principle entitled to claim damages at large without furnishing specific proof of loss.Their Lordships were further prepared to infer that ARU had lost the hospitality business which went to THG (and hence also the profits which THG derived therefrom),even though such ‘loss’ was perhaps more notional than real since ARU had clearly,by selling the tickets in question to ATFS and members of the public,prevented any possibility of profiting from the sale of the same in connection with hospitality packages.Indeed,whilst it is often said that ‘the gist of the action is damage,the courts have nevertheless inferred damage even in circumstances where it is clear that the damage was
not or could not have been sustained.Hence in Nauru Local Government Council v New Zealand Seamen’s Industrial Union of Workers,the plaintiff Nauruan Government was allowed to claim for loss of profits in relation to a voyage jeopardised by the defendant’s tort even though the voyage would in any event have been a loss-making venture.Significantly,Richardson J opined
that the value of an asset is not necessarily measured by the immediate rewards intended by the owner and said that:
If a plaintiff would have made a commercially profitable use of an asset it is entitled to more than its expenses because its actual loss is greater.If an asset is not used for profit or if,for wider commercial or social considerations,the plaintiff was content to sustain a loss,that is not the defendant’s concern or benefit.In such a case,the plaintiff is not fairly compensated if while sustaining those expenses it is to receive nothing for being deprived of a beneficial use of it.

到google上在线翻译或下软件翻译,再进行一些修改就完美了!