Judicial Analysis in Loss of Opportunity Acceptance

Subject Areas : Private law

Jamileh Jafari ¹ , Mohammad hadi Mahdavi ²

1 - واحد زرقان
2 - واحد نجف آباد

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: profit, Warranty, Loss of opportunity, Avoid losses,

Abstract :

      Loss of chance theory that related to compensation of damages because of the loss of opportunity has been posed in the world legal community for about half of a century, but there is also the issue of vote violence in this field and there are no judicial precedents. In Iranian law efforts to achieving the criteria for a claim of damages resulting from lost opportunity has not been made. In today's world people`s valuable opportunities that could lead to profit or disposal of harmful in the future has been taken into consideration and waste of them should not be overlooked according to common law. This study aims to find the right solution by using general rules of Fiqh (Jurisprudence) such as rule of negation of loss, wastefulness and casualty and it is based on a rational foundation. By placing it among the most valuable, convertible to money and tangible assets of individuals, the existing doubt prove liability of missed opportunity has been set aside and proper steps has been taken to prepare the appropriate legal ground for acceptance of loss of opportunity as a claim for loss compensation.