Loss of chance in commercial transactions in Zimbabwe

The doctrine of loss of chance is recognised by the courts in Zimbabwe. The courts in both South Africa and Zimbabwe have described the doctrine loss of chance in commercial transactions as a form of prospective loss which has been recognised within the English jurisdiction.

The doctrine of loss of chance in Zimbabwe is also known as the doctrine of loss of opportunity. The leading case on the subject is Wynina (Pvt) Ltd v MBCA Bank Ltd 2014 (1) ZLR 415 (S) set out the appropriate approach to be taken in respect of this doctrine.

A party suing for loss of chance or opportunity in Zimbabwe has an obligation to prove as a matter of causation that it, he or she has a real or substantial chance as opposed to a speculative one. The doctrine of loss of chance can arise as a result of contractual breach and misleading and deceptive conduct where the wrong results in the loss of a chance to benefit, gain or profit. In a claim for damages arising from a commercial transaction in Zimbabwe, the plaintiff has to be placed in the same position it would have been had the contract been properly performed.