What is the "crumbling skull rule" in tort law?
British Columbia, Canada
The following excerpt is from Delgiglio v. British Columbia (Public Safety and Solicitor General), 2012 BCSC 480 (CanLII):
A basic principle of damages in tort cases is that “the defendant need not put the plaintiff in a better position than...his original position and should not compensate the plaintiff for any damages...he would have suffered anyway”: Blackwater v. Plint, 2005 SCC 58 at para. 78; see also Bradley at para. 25. This is known as the “crumbling skull rule”: Athey at para. 35; see also Blackwater, at para. 80.
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