Compensation for legal injury. As a general rule the theory upon which the law allows damages for the violation of a civil right is based upon the doctrine that where a civil injury has been sustained the law provides a remedy that should be commensurate to the injury sustained.
Principle for assessment of ‘damages’ is that – place the party who has suffered in the same position as he would have been if he had not sustained the wrong- Assessment of replacement cost should be made on the date when the property was destroyed. ….. [BIWT Corp. v. Hellenic Lines Ltd. (1976) 28 DLR 77]