Civil Liability for Loss-of-a-Chance and the Authorizing Subjects to its Application Responsabilidade civil por perda de uma chance e os pressupostos autorizadores à sua aplicação
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Artigo
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2021
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Civilistica.com
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0
Authors
Rodovalho T.
de Almeida Simao J.L.
de Almeida Simao J.L.
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Abstract
© 2021 Revista Civilistica. All rights reserved.This article aims to analyze the exegesis of the theory of liability for loss of a chance, theory that protects the victim who is in an alley situation where he could obtain a favorable outcome (= chance), but whose opportunity cannot be effectively attempted or disputed as a result of the unlawful behavior (action or omission) of a third party, which frustrates that possibility (= loss of a chance), having as damage precisely this -interest in chance-, the interest in an uncertain outcome, random (= chance-loss). Thus, the assumptions necessary to apply the theory of loss of chance will be analyzed: (i) the victim must be in a situation that potentially enables him to gain future advantage or to avoid injury; (ii) "interrupted" by the act of the agent (= act of impediment, possible chance frustration); and that, in the end, (iii) could represent an advantage.