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a.Loss of chance
For instance, the loss of a chance due to a breach of contract may be made the subject…
The appellate court dismissed the defendant’s argument that the breach of contract…
Fletcher Moulton LJ concurred, noting:…
Sayfa 202“The…
On the issue of assess-ability, his Lordship explained that whilst the presence of…
“I do not agree with the contention that, if certainty is impossible of attainment, the damages for a breach of contract are unassessable… the fact that damages cannot be assessed with certainty does not relieve the wrong-doer of the necessity of paying damages for his breach of contract. I do not wish to lay down any such rule as that a judge can in every case leave it to the jury to assess damages for a breach of contract. There are cases, no doubt, where the loss is so dependent on the mere unrestricted volition of another that it is impossible to say that there is any assessable loss resulting from the breach. In the present case there is no such difficulty.”…
Mirroring, Fletcher Moulton LJ explained as follows:…
“…it is said that the damages cannot be arrived at because it is impossible to estimate the quantum of the reasonable probability of the plaintiff’s being a prize-winner. I think that, where it is clear that there has been actual loss resulting from the breach of contract, which it is difficult to estimate in money, it is for the jury [now judge] to do their best to estimate; it is not necessary that there should be an absolute measure of damages in each case. There are no doubt well-settled rules as to the measure of damages in certain cases, but such accepted rules are only applicable where the breach is one that frequently occurs.”As such, where the chances of attainment or success are not particularly slim, the…
5.Special types of losses
b.Mental distress
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