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#contract #law #remedies
The loss of an opportunity is recoverable in damages if the lost chance is quantifiable in monetary terms and there was a real and substantial chance that the opportunity might have come to fruition. Otherwise, the loss of opportunity will be treated as too speculative. The leading case is Chaplin v Hicks [1911] 2 KB 786 in which the defendant, Hicks, was a theatre producer. He advertised a competition in a national newspaper for young women to send in photographs to be shortlisted by readers for a prize. The winner of the competition would be offered a part in one of the defendant's plays. Six thousand photographs were sent in, each woman paying one shilling to take part in the competition. For the purposes of the competition, the country was divided into four areas, and the winners from each were to attend the final round. The plaintiff, Chaplin, came top in her area but was only informed of this at a very late stage, and was then unable to attend the final round. She sued for loss of the chance to win the competition. The jury awarded her £100 to represent her loss of chance and the Court of Appeal upheld the award.
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