Chapter

Risk as Damage

Ariel Porat and Alex Stein

in Tort Liability Under Uncertainty

Published in print November 2001 | ISBN: 9780198267973
Published online March 2012 | e-ISBN: 9780191683435 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267973.003.0005
Risk as Damage

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This chapter examines the risk-of-damage notion together with the form of tort liability for externalised risks of damage. It suggests that liability for bare risk is unjustified and that liability for lost chances ought to be treated as actionable only in special cases. It contends that liability for lost chances often functions as an implicit and underdeveloped form of liability for uncertainty. It proposes the application of evidential damage doctrine for liability for lost cases.

Keywords: risk as damage; tort liability; lost chances; uncertainty; evidential damage

Chapter.  13979 words. 

Subjects: Civil Law

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