Loss of chance in English law refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant's breach of contract or of the duty of care for the purposes of negligence deprived the claimant of the opportunity to obtain a benefit and/or avoid a loss. For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation (alternative rationales include restitution and reliance). The general rule is that while a loss of chance is compensable when the chance was something promised on a contract it is not generally so in the law of tort, where most cases thus far have been concerned with medical negligence in the public health system. Contract Remedies In contract cases, the court is usually interested in securing the performance of what was agreed. Where one party is about to or has suffered loss as a result of the other's breach, the court offers practical protection to his or her expectations as to performance (in some cases, the use of injunction or specific performance may be appropriate). Where a party proves that he or she has sustained loss flowing from any breach (potentially including non-pecuniary or intangible losses, e.g. for disappointment, damage to reputation, etc.), the purpose of damages is, so far as money can do it, to place the claimant in the same situation as if the contract had been performed. Thus, the most relevant basis upon which to calculate any loss is to examine the economic potential of the contract as worded. This will provide a measure of what the claimant expected to gain, and so quantify what has been lost by the breach. Public policy As a matter of public policy, the law aims to respect the reasonable expectations of all parties involved in the dispute. The fundamental approach is therefore to uphold the validity of the contract wherever possible. Thus, there is no general protection offered to those who find they have entered into a bad bargain. All must accept the real outcomes of agreements entered into voluntarily (see freedom of contract). Even when there is a breach, the court will not penalise the "guilty" party (see Addis v Gramophone Co Ltd [1909] AC 488 which prevents the award of punitive or exemplary damages in