Section 25 Betterment

• Library: Prof Liability 2005

A general concept in the law is that an injured party cannot recover or be compensated for more than its actual loss or damages. For example, complete replacement of a roof when only limited repairs are necessary results in betterment to the owner of the roof. See, e.g., Carrelli Roofing Co. v. Nat’l Instruments Co., 214 A.2d 919 (Md. App. 1965). Similarly, if an owner has a five-year guarantee on a roof, the owner should not be entitled to the cost of a new roof after three of the five years have passed. See, e.g., Dierickx v. Vulcan...