Saturday, March 21, 2009

Bava Kamma 83 - Aspects of The Injury (Torts)

One who inflicts a wound on his fellow can be liable on account of him for "five things" - five aspects of the injury:

* for actual damage;
* for pain;
* for healing;
* for loss of employment;
* and for humiliation.

How do we assess actual damage? If the assailant blinded the victim's eye, cut off his hand, or broke his leg, we view the victim as if he were a servant being sold in the market, and we appraise how much he was worth before he was wounded and how much he is worth now.

Art: Franz Heinrich Corinth on His Sickbed

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