Compensation for Missed Opportunity within the Scope of Contractual Liability in Jordanian Legislation: A Comparative Study

Abstract

Missing the opportunity refers to any potential gain or hope prevented from being incurred by the injured party due to the fault of the party responsible for the damage. Compensation for such losses in contractual liability is only allowed in cases of fraud or gross error. Whereas tort liability includes the loss suffered by the injured party and the lost profits as a result of this mistake. If the victim had the hope and ability to achieve an opportunity based on reasonable reasons, if the harmful act did not prevent him from realizing this hope and the ability to achieve a gain, he deserves compensation for missing this opportunity, not the opportunity itself. The scope of compensation in tort includes expected and unforeseen damage, in addition to moral damage, including the harm suffered by the injured party and the lost profits. Compensation within the scope of contractual liability includes actual damage, as the Jordanian legislator did not address the issue of compensation for lost earnings within the scope of contractual liability.