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sociétés de collectes coopératives
Reversements / taux de reversement
This question was closed without grading. Reason: No acceptable answer
Mar 30, 2010 09:00
14 yrs ago
31 viewers *
French term

perte de chance

French to English Law/Patents Law (general)
La perte de chance d’obtenir une meilleure décision a été évaluée à 1,4 millions d’euros, ce qui constituait alors le plus important montant jamais allouée dans un tel cadre en France.

The text refers to a successful arbitration procedure but I am unsure of the GB English translation of "perte de chance" here. Any help will be appreciated.
Proposed translations (English)
5 +4 loss of chance
3 +4 loss of opportunity.../missing the/an opportunity
3 Expectation Interest
3 -1 the lost chance
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Chris Hall

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Discussion

Adsion Liu Apr 22, 2010:
That's normal As the most helpful answer is chosen only by the ASKER, and everyone has her/his idea and perference, that's therefore quite normal. I personnally often encounter this situation. I have a list of filtered/flagged askers and avoid answering questions from such a list...hope it's helpful, no need to be the most helpful...lol
Rafael Wugalter (X) Apr 2, 2010:
Incredible It doesn't seem to matter how much evidence I provide. The correct answer still isn't chosen. Should I quit ProZ? I am seriously considering it.
Rafael Wugalter (X) Mar 30, 2010:
To get paid for LoC is VERY MUCH heard of Why don't you learn the law before making sweeping judgments.

http://en.wikipedia.org/wiki/Loss_of_chance_in_English_law
Rafael Wugalter (X) Mar 30, 2010:
Be very careful here. The term "expectation interest" is a common law term, quite foreign to the civil law systems of continental Europe. I see that some people have decided to import it. Fine. But it's only suitable in a contractual context. If this is a tort (delict or quasi-delict) the term is dead wrong. How do we know that this particular use of "perte de chance" has anything to do with a bargain? A loss of chance occurs when someone has done something intentionally or negligently wrongful thereby depriving the victim of a statistical chance of deriving some kind of benefit, which could be far off in the future. It could be a career as a fashion model, it could be a post-secondary education, it could be winning a contest in which a person was a serious contender, etc. There is no certainty that the thing would have happened, but even the chance of it has been lost for good. There is an entire legal theory (or doctrine) around this issue of "loss of chance" and appellate courts throughout Canada have given the matter attention. An expectation interest is a gain that you were expecting from a contract. It's a completely separate issue, applicable in a different context.

Proposed translations

+4
11 mins

loss of opportunity.../missing the/an opportunity

not sure about what precedes your sentence, but it looks as if someone could have been granted /have obtained a certain sum of money evaluated at...Euros..
Peer comment(s):
agree dholmes (X) : with loss of opportunity - standard term
14 mins
agree mimi 254
22 mins
agree Chris Hall : "loss of opportunity"
23 mins
agree B D Finch : "loss of opportunity"
58 mins
neutral Rafael Wugalter (X) : Actually, that could be dead wrong. And remember: I have two law degrees.
6 hrs
Something went wrong...
-1
32 mins

the lost chance

though to get paid for lost chances is something unheard of.
Peer comment(s):
disagree Chris Hall : This should never be translated as "lost chance".
3 mins
neutral B D Finch : Indeed, it is "unheard of", because it is not legal terminology.
37 mins
neutral Rafael Wugalter (X) : In fact, the term in Canadian law is "loss of chance"
1 hr
Something went wrong...
5 hrs

Expectation Interest

Cour de Cass., 26.11.2003 - Perte de Chance (Expectation Interest) and Liability of a Third Person in Case of Breaking Off Negotiations
• Authors: M. Paz Garcia Rubio, M. W. Hesselink
• Location: European review of private law = Revue européenne de droit privé = Europäische zeitschrift für privatrecht, ISSN 0928-9801, Nº. 3, 2005 , pags. 443-461

http://dialnet.unirioja.es/servlet/articulo?codigo=1187323


Expectation interest
Definition
: the interest of a party to a breached contract in receiving the benefit of the bargain by being put in a position as good as that which would have resulted had the contract been performed

From:

http://research.lawyers.com/glossary/expectation-interest.ht...

Reference:

http://dialnet.unirioja.es/servlet/articulo?codigo=1187323

http://research.lawyers.com/glossary/expectation-interest.html

Peer comment(s):
neutral Rafael Wugalter (X) : This translation would only be correct in the context of contractual liability, not extracontractual liability (or what you might call TORT). In extracontractual liab. the concept is called loss of chance, not EI. I can provide a more detailed explanation
1 hr
Something went wrong...
+4
2 hrs

loss of chance

This is distinct from loss of opportunity. Loss of opportunity is too easily confused with "opportunity cost", which means having to give up a, b, and c because you accepted d. A loss of chance is a head of damage in a civil claim where, because of someone's wrongdoing, you were deprived of a possibility to gain something, but only a possibility. You might not have gained anything at all. but since the chance was quantifiable, you are entitled to damages. The hyperlink below is to a decision of Canada's highest court, respected around the world. It is based on Quebec civil law, which is similar to French civil law.

--------------------------------------------------
Note added at 6 hrs (2010-03-30 15:47:41 GMT)
--------------------------------------------------

Look at the headnotes in French, and then click English in the upper right-hand corner to see that the term is translated as "loss of chance."

It is a loss of a chance to get something. That something is not necessarily what you were expecting, but, by virtue of the wrongdoing, the chance is lost for good. The word "chance" is used because of the statistical nature of it. It's basically a % chance that something good would have occurred.
Reference:

http://www.canlii.org/fr/ca/csc/doc/1991/1991canlii87/1991canlii87.html

Peer comment(s):
agree Adrian MM. (X) : Congrats on your expositions. No one is quoting, for England & Wales, Chaplin vs. Hicks (1911) - the seminal, lost beauty-contest case which is still used as the equation in the UK for calculating damages: and as referred to in your wikipeda article.
7 hrs
Thanks Mr. Thumb, Sir! That is indeed an excellent case and I remember it from Contracts.
agree Chris Hall
13 hrs
Thanks!
agree Adsion Liu
23 days
agree Carolyn Brice : For future searches, let me add my agreement.
818 days
Something went wrong...
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