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Should speculation give way to the court's benefit of hindsight?

When awarding compensation the courts endeavour to give the claimants a sum of money to put them in the same position they would have been in had they not suffered the wrong in the first place. In some cases, such as those involving money, it is relatively easy to calculate the financial compensation to be paid. In others, such as those involving loss of life or limb, compensation can only be quantified with reference to previous similar cases and complex tables.


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