수익 기회의 상실과 손해배상

초록

Traditionally plaintiff must prove each element of the action, including damage, by a preponderance of evidence(a greater than 50 percent chance). Characterizing the damage as the loss of a chance of gaining a benefit relieves the plaintiff of the burden of proving that harm itself occurred. Foreseeably defendant has caused an injury that prevents plaintiff from ever knowing what profits the plaintiff would have accumulated in the future. Today courts have the ability to measure the value of a plaintiff's lost chance with the aid of expert witness and substantial likelihood threshold on the doctrine controls the range of the right claims for damages. Damages for loss of a chance include expectation loss irrespective of cause of action(breach of contract or tort and so on) and special loss on condition of reasonable foreseeability. Finally the loss of chance remedy can force a breaching party to bear the true cost of its breach in accordance with compensatory and deterrent function.

키워드