ДОКТРИНА ВТРАЧЕНОГО ШАНСУ В АНГЛІЙСЬКОМУ ПРАВІ: У ПОШУКАХ ВИПРАВДАННЯ ДИФЕРЕНЦІЙОВАНОГО ПІДХОДУ
LOSS OF A CHANCE DOCTRINE IN ENGLISH LAW: IN SEARCH FOR JUSTIFICATION OF DIFFERENTIATED APPROACH

Summary/Abstract: The article addresses loss of a chance doctrine in English law. Under this doctrine, the loss of a chance for a better result (or a chance to avoid a worse result) is in itself considered as a distinct type of compensable damage, which allows plaintiffs to obtain compensation in cases where it is impossible to prove that in the absence of the defendant’s wrongdoing harmful result would not have occurred, provided that the defendant’s wrongdoing increased the harmful result. The article first examines in which categories of cases English law considers the doctrine to be applicable and in which it does not, and then analyses proffered in academic literature ways to justify the differentiated approach.

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