METHODS OF ASSESSING AND COMPENSATING DAMAGES ARISING FROM THE LOSS OF A CHANCE TO OBTAIN A BENEFIT OR AVOID A HARM, IN DOMESTIC AND FRENCH LAW
METHODS OF ASSESSING AND COMPENSATING DAMAGES ARISING FROM THE LOSS OF A CHANCE TO OBTAIN A BENEFIT OR AVOID A HARM, IN DOMESTIC AND FRENCH LAW

Summary/Abstract: In the context of civil law and tort liability; the damage resulting from the loss of a chance to obtain a benefit has become an increasingly debated topic; generating numerous controversies and interpretative challenges. This relatively recent concept in the legal landscape raises important questions regarding the limits and function of civil liability; as well as the way in which the law can respond to the need to protect individuals’ legitimate expectations. This paper examines whether the loss of a chance constitutes compensable damage and identifies the essential conditions for establishing such liability. It explores both the theoretical and jurisprudential frameworks; with reference to doctrine and the solutions provided by national and international courts. A central focus of the analysis is the identification of the criteria by which a lost chance may be considered actual and direct damage; given that by its nature; chance involves a degree of uncertainty. The paper also aims to offer a relevant contribution to the understanding of damage caused by the loss of a chance and to provide arguments for or against its recognition as compensable harm under Romanian law; taking into account both the particularities of the national legal context and the broader trends in European law.

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