What does it mean to suffer loss? Haxton v Philips Electronics

In H axton v P hilips E lectronics the C ourt of A ppeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life expectancy. The note outlines the development of the common law, demonstrating that H axton is novel but not unorthodox, and tests whether H axton 's principles can provide a sound foundation for future cases. Positing three hypothetical scenarios, it argues that the disparity in outcome, rather than indicating a lack of unifying principle, as was suggested in J obling v A ssociated D airies , may be explained by combining A ustin's division between primary and secondary rights with G ardner and S tevens' contributions as to how they are protected. Restitutio in integrum requires consideration of the reasons and values underlying the right in question and these are discernible in the jurisprudence. The note also considers whether H axton could have been decided on the basis that a defendant should not profit from its own wrongdoing.