Loss Of Chance Essay

1005 Words 5 Pages
As we see, it is indeed difficult to plead loss of chance in breach of contract cases, and to establish a loss beyond reasonable doubt. If pleaded, it is much more difficult to quantify the loss of chance. What can be the plausible guidelines to determine loss of chance?. It is always difficult but not impossible to determine the market value of the lost chance. For example a retail shopper, who fails to get certain goods from the wholesaler, because of wholesaler default, knows how many goods he would have sold in a month and can approximately evaluate the value of his expected revenue loss, because of the default by the wholesaler. Chance, in the absence of market value, can be based upon the price what a willing buyer could pay to a willing seller. However, these cannot be uniform across all the cases of loss of chance and the courts have to come up with a methodology to deal with …show more content…
In both cases plaintiff has been deprived of an expectation and awarding damages in such a case merely works to reinstate the normative order by putting the plaintiff in the position he would have been had the defendant not been in breach of contract . To conclude, loss of chance damages may be awarded when the question is what may or would have happened; the chance must be real or more than speculative. Loss of chance damages should be applied cautiously to avoid frivolous litigations. According to judicial opinions there can be no recovery for loss of chance when no actual harm has indeed resulted from it . This is an interesting area of contract law and will eventually develop and standardise in coming years. The past cases have laid down some principles for Singapore courts to follow and difference in facts of the cases should not deter the courts to apply loss of chance principle in breach of contract cases, where it seems reasonable and feasible to do

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