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In English law, loss of chance refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss.
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party.
In other words, the burden of prevention is less than the probability that the injury will occur multiplied by the gravity of the harm/injury. Under this formula, duty changes as circumstances change—if the cost of prevention increases, then the duty to prevent decreases; if the likelihood of damage or the severity of the potential damage ...
Damages may include the cost to repair or complete the work in accordance with the contract documents, or the value of lost or damaged work. [4] In addition to the compensatory damage, an owner can also seek for consequential damages (sometimes referred to as "indirect" or "special" damages), which include loss of product and loss of profit or ...
that there was a factual link between what the defendant did or failed to do, and the loss and damage sustained by the claimant, and; that it was reasonably foreseeable at the relevant time that this behaviour would cause loss and damage of that type. To clarify the nature of the judicial process, in Lamb v Camden LBC, [1] Lord Denning said:
Lighter Side. Medicare. News
To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. [2]
"Collateral damage" is a term for any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally coined to describe military operations, [ 1 ] it is now also used in non-military contexts to refer to negative unintended consequences of an action.