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The Discontinuous Nature of the Loss of Chance System
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Laurent Bieri
Published/Copyright:
April 13, 2011
Abstract
This article shows that the loss of chance system, like the all-or-nothing system, but contrary to the proportional liability system, may lead to situations where minor changes in the probability that the defendant's negligence was the cause of the harm result in significant changes in the amount of damages.
Published Online: 2011-04-13
Published in Print: 2011-April
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Articles in the same Issue
- European Civil Liability Law outside Europe. The Example of the Big Three: China, Brazil, Russia
- The Discontinuous Nature of the Loss of Chance System
- Vicarious Liability or Liability for the Acts of Others in Tort: A Comparative Perspective
- Providing Redress for Medical Accidents in France: Conflicting Aims, Effective Solutions?
- Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling
- The Tort Law Provisions of the New Romanian Civil Code
- Extracts from the New Romanian Civil Code
- Christian von Bar (ed), Principles of European Law. Non-Contractual Liability Arising out of Damage Caused to Another
