Assessing loss dependent upon hypothetical past events

Harder, Sirko (2014) Assessing loss dependent upon hypothetical past events. Deakin Law Review, 19 (2). pp. 199-216. ISSN 1321-3660

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Abstract

The assessment of loss allegedly caused by a civil wrong depends upon what would have happened but for the wrong. Where this cannot be resolved with certainty, the plaintiff’s loss must be assessed either on the balance of probabilities according to the more likely hypothesis (all or nothing) or by reference to the degree of probability that an event would have occurred but for the defendant’s wrong (partial recovery). Australian courts have not subjected all uncertain events to a single approach. This article explores how the courts have approached the various categories of hypothetical past events, and how the plaintiff’s loss will be assessed where multiple events of different types are inextricably interwoven.

Item Type: Article
Keywords: assessment of damages; hypothetical past events; resolution of uncertainty
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
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Depositing User: Sirko Harder
Date Deposited: 15 Sep 2015 14:36
Last Modified: 07 Mar 2017 09:01
URI: http://sro.sussex.ac.uk/id/eprint/56772

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