What is the test for pleading and proving in a personal injury case?
Newfoundland and Labrador, Canada
The following excerpt is from BJ's Contracting Ltd v Eastern Shredding Ltd, 1990 CanLII 6482 (NL CA):
There is an important statement of law in the words of Bowen, L.J., in Ratcliffe v. Evans. It contains perhaps the basic rule of pleading and proof in respect of damages. It states that damages must be pleaded and proved with such certainty as the circumstances demand.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the pleadings in a personal injury case? (Newfoundland and Labrador, Canada)
What is the difference between general and aggravated damages in a personal injury case? (Newfoundland and Labrador, Canada)
What is the current approach to general damages in a personal injury case? (Newfoundland and Labrador, Canada)
What is the test for obtaining a conditional discharge in a personal injury case? (Newfoundland and Labrador, Canada)
What is the legal test for admitting new evidence in a personal injury case? (Newfoundland and Labrador, Canada)
What is the test for expert opinion evidence in a personal injury case? (Newfoundland and Labrador, Canada)
Is there any case law where a plaintiff has been awarded damages for personal injury damages in a motor vehicle accident? (Newfoundland and Labrador, Canada)
What is the test for apportioning costs between success and success in a personal injury case? (Newfoundland and Labrador, Canada)
What is the range of damages for personal injury sustained by a libel action? (Newfoundland and Labrador, Canada)
When pleading bad faith or abuse of power, does it need to set out the facts of the pleading? (Newfoundland and Labrador, Canada)
