Selected Cases by Article & Issues
Article 7.4.338 Cases
(1) Compensation is due only for harm, including future harm, that is established with a reasonable degree of certainty.
(2) Compensation may be due for the loss of a chance in proportion to the probability of its occurrence.
(3) Where the amount of damages cannot be established with a sufficient degree of certainty, the assessment is at the discretion of the court.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Certainty of existence of harm | 8 |
| 1.1 | Future harm | 7 |
| 1.2 | Loss of a chance | 14 |
| 2 | Determination of extent of harm | 7 |
| 2.1 | Equitable determination of harm | 18 |