She spooned out the objectives of
avoiding double recovery and added a tablespoon of fairness to the Plaintiff.
The lesson here is for counsel to steadfastly and carefully follow the recipe found in their cookbook (the Insurance Act), keeping in mind the necessary ingredients of fairness and
avoiding double recovery.
The court upheld the trial judge's allocation — even though it was done as a lump sum under multiple benefit categories — because she adhered to the policy objective set out in the Insurance Act of
avoiding double recovery.
This is to
avoid double recovery.
In support of that proposition they rely upon cases that establish that while the principal goal of the tort compensation system is to ensure that injured individuals are made whole, insofar as possible, by compensation, a secondary objective of the system is to
avoid double recovery.
Not exact matches
Expecting Multiples... $ 25 ~ Taught by Certified Doula / Parent Educator ~ Birth and
Recovery Expectations ~ How to
Avoid Double - Teaming ~ Multiples» Emotional / Social Development ~ Organizing and Planning Ahead ~ Feeding Options and Answers ~ Special Expectations and Needs ~ Q&A Session Partners encouraged to attend!
In this model, middle intensity work (like rugby training or matches) should be
avoided for the majority of the programme because it has the
double edged drawback of not being intense enough to optimally develop strength, speed or power, but too intense to facilitate
recovery and adaptation.
Sudden steering maneuvers to
avoid a crash — The driver makes an abrupt steering maneuver, such as a single - or
double - lane - change maneuver, or attempts to perform an off - road
recovery maneuver, generating a lateral acceleration that is sufficiently high to cause roll or yaw instability.
[38] Ms. Ellis on behalf of the wife argues that the case at bar is «on all fours» with Boston and that
double recovery may be
avoided here by «focussing» on the undivided portion of the husband's annuity.
How is
double recovery fairly
avoided?
65 Despite these general rules,
double recovery can not always be
avoided.
Consequently, to
avoid Ms. Watkins» unjustified
double recovery, the defendants contend these costs should be deducted from any cost of future care award.