Abstract

This paper shows how for every Contingent Loss whose associated probability fails the Balance of Probability test, there is a corresponding Expected Loss whose probability passes the Balance of Probability test and so constitutes a preferable head of damage for a civil claim. Recent English Mesothelioma and Asbestos-related judgements including Gregg v Scott 2005, Fairchild v Glenhaven 2002 and Barker v Corus 2006 are considered in the light of this theorem.