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THE LOSS OF CHANCE DOCTRINE IN THE COMPARATIVE LAW HORIZON
The legal theory of loss of opportunity generates genuine fascination. While it has been accepted by several jurisdictions in recent years, it is still being debated in others that had previously accepted it. However, this notion’s popularity contrasts with the lack of clarity regarding its scope of application and legal regime, which has led to somewhat uncontrolled case law. Against this back drop, the present paper seeks to offer a comparative analysis of how the loss of opportunity theory is perceived and implemented in some of the most significant jurisdictions within the common law and civil law traditions. Despite the disparity of approaches observed in the comparative landscape, this paper identifies the rules on which there seems to be agreement, as well as the alternative solution that has been adopted by jurisdictions that have rejected the theory.