Chapter

Damages and Costs

Sir John Baker

in The Oxford History of the Laws of England

Published in print September 2003 | ISBN: 9780198258179
Published online March 2012 | e-ISBN: 9780191681806 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258179.003.0020

Series: The Oxford History of the Laws of England Series isbn 0-19-961352-4

Damages and Costs

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This chapter examines the practice of awarding and evaluating damages and costs in the judicial system in England during the Tudor period. The assessment of damages was seen as an exercise in establishing facts rather than applying law because examining the plaintiff who did the damage was seen as an exercise in establishing facts rather than applying law. The costs were regarded as part of the damages, and the plaintiff could ask for the damages and costs to be awarded jointly if he so wished. However, in practice, nearly all verdicts dealt with the costs separately.

Keywords: damages; costs; judicial proceeding; facts; judicial history; verdicts; plaintiff

Chapter.  6113 words. 

Subjects: History of Law

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