Betterment

(2017) 40:1 Dal LJ 67-105

41 Pages Posted: 23 Aug 2017

See all articles by Michael G. Pratt

Michael G. Pratt

Queen's University - Faculty of Law

Date Written: August 18, 2017

Abstract

When property is wrongfully damaged the cost of reinstatement is often the appropriate measure of damages. Reinstatement by repair or replacement is, however, often possible only by replacing old materials with new materials that enhance the value of the property, generating “betterment.” In such cases courts are faced with a choice whether to abide the betterment and award the cost of reinstatement, or reduce damages to offset the betterment. Examples of both responses to betterment are found in the cases, but no clear principle has been articulated by Canadian courts as to when one is to be preferred over the other.

I advance such a principle here, and use it to resolve some difficulties faced by courts in the assessment of damages where betterment is present.

Keywords: Betterment, Damages, Compensation

JEL Classification: K11, K12, K13

Suggested Citation

Pratt, Michael Gordon, Betterment (August 18, 2017). (2017) 40:1 Dal LJ 67-105, Available at SSRN: https://ssrn.com/abstract=3021988

Michael Gordon Pratt (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

HOME PAGE: http://law.queensu.ca/faculty-research/faculty-directory/michael-pratt

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