The Valuation of Chances
Canadian Business Law Journal, Vol. 30, 1998
10 Pages Posted: 4 Jul 2008
Abstract
It is well established, in English and Commonwealth law that a loss may be compensated even though its value cannot be established with any degree of certainty. Where the uncertainly is not of the plaintiff's making, and she has suffered a real loss, the court will attempt to assess it, however difficult the task.
A number of recent cases, English, Canadian and Australian, crossing the boundaries between tort and contract and between personal injuries and economic loss, have raised interesting and important questions about the relationship of the principle of causation to this aspect of the assessment of damages.
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