Ask most litigators how to prove damages, and they will reach for lost sales or lost profits. But English and Commonwealth courts have long recognised a quieter, more elegant remedy for situations where a wrongdoer has used someone else's property or right without permission — one that requires no proof of loss at all. This is the user principle, commonly described as "user damages," and it deserves far more attention from practitioners than it typically receives.
The Core Idea
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