The 'loss of chance' doctrine of damages for breach of contract.
Florida Bar Journal › Vol. 79 Nbr. 9, October 2005
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The 'loss of chance' doctrine of damages for breach of contract.
The Florida Supreme Court held in 1984 that a theory of recovery for "loss of a chance" to survive predicated on alleged medical malpractice is not actionable in Florida. (1) The "loss of chance doctrine" is, however, a viable predicate for damages in a contract action. This article will summarize the history of the loss of chance doctrine and conclude that Florida not only has accepted the doctrine outside the tort context, but also has expanded it beyond its Restatement (Second) of Contracts' foundation. (2) "[C]ounsel in this country seem seldom to have made this argument." (3)
History In Taylor v. Bradley, 39 N.Y. 129 (1868), the court was faced with a contract breached by a landowner who reneged on a promise to allow a farmer to use the land. The judge asked and answered, "[if a plaintiff] is deprived of his adventure, what was this opportunity which the contract had apparently secured him to worth? [His] damages are what he lost by being deprived of his chance of profit. (4) The doctrine of "loss of chance" or "loss...See the full content of this document
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