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Assessing loss dependent upon hypothetical past events
The assessment of loss allegedly caused by a civil wrong depends upon what would have happened but for the wrong. Where this cannot be resolved with certainty, the plaintiff’s loss must be assessed either on the balance of probabilities according to the more likely hypothesis (all or nothing) or by reference to the degree of probability that an event would have occurred but for the defendant’s wrong (partial recovery). Australian courts have not subjected all uncertain events to a single approach. This article explores how the courts have approached the various categories of hypothetical past events, and how the plaintiff’s loss will be assessed where multiple events of different types are inextricably interwoven.
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Publication status
- Published
File Version
- Published version
Journal
Deakin Law ReviewISSN
1321-3660Publisher
Deakin University Victoria Australia.Issue
2Volume
19Page range
199-216Department affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2015-09-15First Compliant Deposit (FCD) Date
2015-09-15Usage metrics
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