Causality

Civil liability for a lost chance applies to cases in which a tortious action changes the probabilities of the outcomes that can be obtained by the victim. This talk uses Decision Theory to discuss how to quantify damages in such cases.

Civil liability for a lost chance occurs when a tortious action changes the probabilities of the outcomes that can be obtained by the victim. Instead of discussing specific formulae, we propose a principled approach to quantifying damages in lost chances. We present several qualitative legal questions regarding how to quantify damages and show that the answers lead to precise and general rules for damage quantification.