“It is not uncommonly remarked that the word ‘loss’, despite representing one of the most central concepts of tort law (and private law more generally), is rarely defined with anything approaching a satisfactory level of precision. Instead of being defined, it is generally divided: thus loss – or the damages which compensate it – are ‘general’ or ‘special’, ‘direct’ or ‘consequential’ and, especially, ‘pecuniary’ or ‘non-pecuniary’. Pecuniary losses are characterised as those which are directly valuable in money (eg cost of repair or replacement of goods damaged or destroyed, medical expenses, loss of earnings), non-pecuniary losses being those which are not …”
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Eric Descheemaeker, ‘Pecuniary and non-pecuniary loss: a reinterpretation’ (2022) 138 Law Quarterly Review (Jan) 79-100.
First posted 2021-11-29 18:00:02
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