Damages awarded in respect of a tort. The general aim of an award of damages in tort is to put the injured party in the same position as they would have been in if the tort had not occurred. Damages in tort aim to restore the claimant to their pre-incident position.

In contract, on the other hand, the aim of a damages award is to put the innocent party in the position they would have been in had the contract been performed. The award, therefore, generally focuses on restoring the status-quo and compensating for loss of bargain. In tort, no question of loss of bargain can arise: the claimant is not complaining of failure to implement a promise but of failure to leave them alone (McGregor on Damages (Sweet & Maxwell, 21st edition, 2020, Ch. 24)).

Damages in tort are subject to the principles of remoteness, causation and mitigation

For more information see Practice note, Damages in tort: an overview.