The donor culpme of the damaged renter
The principle of restoring the status quo focuses on the damage, which is the tenant.
The principal determines the rate of compensation due to the injured party to place him, as far as possible, in monetary terms, in a situation in which no wrong has been committed against him.
And therefore, the point of view is concentrated in it.
But other points of view need to be considered.
Two of them are essential to our case:
One is the point of view of the perpetrator of the damage.
The second is the point of view of the public at large.
The first concerns the contributory fault or the contributory negligence of the tenant.
From the amount of compensation to which the tenant is entitled to the damage caused by the perpetrator, the following payment must be deducted but driven by the fault of the damage itself.
It should be added that the injured party bears the burden of taking all reasonable steps to reduce the damage caused to him by the landlord.
Section 14 (a) of the Remedies Contracts Act provides “the infringer shall not be liable for compensation under sections 10, 12 and 13 for damage which the injured party could, by reasonable means, have prevented or reduced.”
To balance the picture, we will note that there are also cases where the tenant will be awarded increased compensation.
For example, the ruling on punitive damages.
Or in the case of considerations regarding the making of wealth and not by law on the part of the landlord at the expense of the tenant, in the sense that no sinner will benefit.