Compensation for Loss of Opportunity

By a decision of the Plenary Assembly, the Court of Cassation clarified that a judge may recognize and award damages for a loss of opportunity even if the claimant has not expressly requested such relief.

In the case at hand, a purchaser of real estate alleged that a professional had failed to comply with their duty of advice, thereby depriving the purchaser of the opportunity to either withdraw from the transaction or negotiate more favorable terms. The Court of Appeal dismissed the claim, holding that the loss of opportunity had not been explicitly claimed.

The Court of Cassation overturned this decision, emphasizing that the judge may identify the existence of a loss of opportunity and order compensation, even if the claim seeks redress for the overall damage. The Court further noted that the judge must invite the parties to provide observations regarding this qualification.

This ruling reaffirms that a loss of opportunity constitutes a distinct form of harm, dependent on the overall damage, and may be compensated even if it has not been explicitly requested.