Studies On The Compensation Of Loss-of-Chance

In domain of damage law, there are few thesis concerned with the interests of chance. However we can't help focusing on the cases caused by loss-of-chance. These cases involved two vital important principles of damage law, one is damage and the other is causation. Traditional tort law theories became valid when confront of loss-of-chance cases. According to traditional theories, the plaintiff is required to improve that his(her) has gotten a definite damage from the defendant. This requirement is too much strict to the plaintiff because he(she) just lost an uncertain probability, which can also called chance. Meanwhile the traditional tort law theories follow the principal of "all or nothing" when inspecting the causation relationship between damage and the defendant. And partial causation is eliminated which the cases of loss-of-chance just confront with.In order to solve the problems of loss-of-chance, countries always turn to broaden the implication of damage, and others alter the causation doctrine. Whatever, there should be a break to the traditional theory. A balance has to be found between the justice and the stable of tort law.The essay can be divided into four parts: the definition of loss-of-chance, the theory proof of loss-of-chance, how to compensate and how to apply the loss-of-chance doctrine.Firstly, the thesis defined the loss-of-chance by analyzing two cases. Then the essay provided the proof of loss-of-chance compensation. After wise the essay discussed how to ascertain the damage and causation in loss-of-chance cases by introducing approaches that courts apply to solve these cases. At last a suggestion was provide to the tort law of China.