損害賠償에 있어서 積極的損害의 算定

Abstract

(1) General Principles We have to pay attention to two principes when we deal with the compensation for the tort. The first principle is 'the impartial burden of damage'. that is, in order to be more impartial, we have to think over that 'which one, the plaintiff or the defendent, has to bear the particular damage.' The second principle is 'the standardization of compensation', that is, the similer amount of compensation has to be ordered in similar case. (2) Compensation for Personal Injury In the case of personal injury, the plintiff is entitled to damage for medical expenses reasonably incurred by him as a result of the injury. Expenses of medical trestment, of attenance of nurses or others, of medicines and appliances, of hospital fees and of transportation to hospital are all recoverable. Both expenses already incurred at the time of the trial and prospective expense are reconverable. But they should be reasonable. In determining the reasonableness of any expenses, the possibility of avioding those expenses should be regarded. (3) Compensation for Death The funeral expenses incurred by the dependants may be awarded. The deceased's grave the stones over the grave might be considered part of funeral expenses. The expenses, such as the dependants' expenses of transpotation of deceased form hospital or home to his grave, would seem to be recoverable. But, for the definition of funeral expenses, the test of reasonableness would seem to apply. (4) Others This paper also deals with matters below; ① the damage of legal cost incurred in bringing legal proceeding. ② the interest between tort and judgment. ③ the decision of plainiff.