Monday, March 23, 2009

Bava Kamma 85 - Payments for Pain and for Loss of Employment (Torts)

How do we calculate compensation for pain? We assess how much money a person wants to give to have his hand - that is, inscribed to the government for amputation - anesthetized to avoid the difference between amputation by sword and amputation by potion, presumably painless.

How do we calculate the loss of employment? We view the victim as though he were a watchman of cucumbers since this is all he can do in his current state without a hand. And if you say that the person will earn more when he recovers – that payment is already included in the amount for his hand.

Art: The Boy's Hand by Albrecht Durer

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