What is the test for putting a plaintiff in a better position than her original position?
British Columbia, Canada
The following excerpt is from Lane v. Pedersen, 2014 BCSC 1302 (CanLII):
It is a basic principle of damages in tort law that the defendant need not put the plaintiff in a better position than her original position and should not compensate the plaintiff for any damages she would have suffered anyway. This principle is referred to as the crumbling skull rule. At the same time, the defendant must take her victim as she finds her, known as the thin skull rule: Blackwater v. Plint, 2005 SCC 58 at paras. 78 - 80.
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