What is the "functional" approach in assessing damages for the 3rd tranche of The Lord of the Rings?
Alberta, Canada
The following excerpt is from McGrath v. Pendergras, 1988 ABCA 165 (CanLII):
In assessing damages the trilogy and Lindal v. Lindal directs us to use the “functional” approach. We are to attempt to assess damages by providing reasonable solace for the victim’s misfortune.
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