An analysis of the tort related to the loss of a chance under the perspective of Comparative Law

Abstract

The tort related to the loss of a chance has been subject to criticism for the last few decades and was primarily established with the purpose to avoid cases where a third party, through an unlawful act, deprived the victim of achieving a desired result, since it was not possible to demonstrate the causal link between the conduct of such third party agent and the final damage caused to the victim. This article aims to analyse such tort, its origin and development worldwide, as well as its requirements, foundations and objectives through analysis of its application within foreign legal systems.