Analysis Of Damages To Loss-of-Chance

In the real life,the cases of loss-of chance are very common. In traditional tortlaw, the victim can not claim by the interests of chance to obtain damages. How tolocate the damage of loss-of chance and compensate the damage have not got enoughattention by law and the court. Ultimately,it is difficult to be handled properly. Thevictim therefore got no way to obtain relief in that circumstances because of thetraditional rules,such as the application of the rules of “all or nothing”,the rule of thenecessary condition. The interests of chance are not included in traditional rules. It isunfair to sacrifice the victim’s interests to adapt to the traditional theory.Chapter I identified thar the chance represent an certain interests,having thevalue of the legal protection. The chance should be included in the object protected bytort law. This is the main premise of loss-of-chance to be compensated. This Chapteridentified the chance as the object of protection of tort law and established the basisright of claim for damages of loss-of-chance,from starting to identify the value of thechance.The discussion and research of Chapter II is mainly to analyze the reasons thatwhy the loss-of-chance is an independent type of damage around the determination ofthe injury of the loss-of-chance and the calculation of the damages. After the determination,the damage is how to compensate for the different situations ofdamages. These issues will be solved in this section.Chapter III is mainly to explore the identification of causation of loss-of-chance.To solve the issues whether the traditional rules of causation adapts to the situation ofloss-of-chance,whether there are reasonable in the traditional rules,whether there havethe combination with other ways to remedy,the Chapter will analyse the identificationof causation under the circumstance of the loss-of-chance specificlly by combiningthe traditional causation.Chapter IV is to compare the advanced doctrine and judicial practice of foreigncountries and other area of China by sorting the loss-of chance doctrine and specificapplication methods of foreign countries,England,America,France,Japan. Themaximum similarities of the loss-of-chance of each country have broken the shacklesof the traditional rules. The loss-of-chance doctrine made some amendment andsupplement which brought an impact on the traditional rules. The loss-of-chancedoctrine is more and more popular in judicial practice of many countries and an areaof China,which of applicable scope will expand gradually.The purpose of Chapter V is mainly to search a path consorting with the legalcondition of China. The purpose of applicating of the loss-of chance doctrine is toamend the traditional rules rather than abandon the traditional rules. The applicationof the loss-of-chance doctrine must has some restrictions and trade-offs by learningforeign researches and doctrines.Because the cases of the loss-of-chance in the medical field are conspicuous,thearticle mainly examples of medical infringement cases. The exploration anddiscussion of the article is to make the solution of the loss-of-chance cases moestandardized and well-organized. Thereby,it will effectively protect the rights ofvictim by those way so that make the our legal system more better.