The word is older than Latin. Perhaps its earliest meaning was
"to apportion in exchange." In Latin, the word became “to damn” (or “to
pronounce judgment on).” Medieval French created damage: loss caused by injury.
... Loss, injury,
and causation. So all of common law. And I am assigned 250 words.
I will touch on a cause of action which I find interesting: unjust
enrichment.
Democratic institutions in Canada are failing to slow the growth of economic inequality. From a critical perspective,
this inequality is one result of exploitative workplace relations and negligent
or even fraudulent lawmakers.
While arguments that workplaces in Canada rely on unjust
enrichment are uncommon in jurisprudence, I am not suggesting that judges
are corrupt, or negligent. I trust that most are doing what they can.
But the fact remains: capital is accumulating, and
concentrating, and those with undue influence over large concentrations of
capital continue to oppose efforts to redistribute it. Of course. They resist democratic
controls—they call it interference—and they are very well-organized.
As for our commons, and the damage done there. Where elected
lawmakers are negligent, they should be held liable. Where they are corrupt,
they are providing dishonest assistance to those with undue influence, and they
should be held liable.
Restitutionary remedies are
available for dishonest assistance. The courts have developed these remedies in
decisions on breach of duty.
