الرافدین للحقوق (Dec 2023)

The attorney’s civil liability for missing the opportunity -A comparative legal study-

  • Radwan alrubaae,
  • Raida Alnajmawe

DOI
https://doi.org/10.33899/alaw.2021.129301.1124
Journal volume & issue
Vol. 25, no. 85
pp. 60 – 107

Abstract

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The idea of ​​missing the opportunity is a clear example of incorporating luck in the legal field, as the opportunity depends on luck that escapes the will of individuals and their expectations, meaning that there is a potential event that may occur and may not occur. Thus,the harm of missing the opportunity appears in litigation procedures, especially in the responsibility of the lawyer, so if the opportunity misses the principal (The injured person) holds the responsibility of the agent (the lawyer). Therefore, the injured person has the right to claim compensation for that missed opportunity. The law here follows all possible ways and means that call for achieving justice and fairness for the injured, and that compensation is partial, that is, only for the missed opportunity, not to what will lead to it as a direct result of the missed opportunity. Meaning that missing the opportunity is in itself a real harm that needs compensation for it, where the study came clarifying the concept of a lawyer’s civil liability for missing the opportunity by clarifying the elements that establish the lawyer’s liability, its conditions, and how to compensate for it.

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