Damages for the Inability to Perform Work During the Period of Unjust Deprivation of Liberty and the Differential Method of Assessing the Damage in the Jurisprudence of the Supreme Court
Deprivation of liberty may lead to harm or damage requiring compensation or damages. There is a consensus on the civil law nature of these claims. However, the method of determining the amount of damages for the inability to perform work during the period of unjust deprivation of liberty raises doubts. It seems permissible to limit the damages to the hypothetical savings of a person deprived of liberty. Such a procedure is considered to be based on the differential method of determining the amount of damage. Recently, the Supreme Court criticized both the reduction of this damages by the costs of maintaining a person deprived of liberty as well as by the expenses for other needs. The position does not mean a complete resignation from the use of the differential method of determining the amount of damage.
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