Summary

The forseeability of loss is a new concept in the Estonian contract law which the courts have yet to implement in practice. The article dwells on the nature and content of the forseeability of loss and the respective provisions of the Law of Obligations Act. To clarify the concept, the author explains how to determine the foreseeability of loss, what should be foreseeable and for whom, under what circumstances loss must be foreseeable and what kind of loss can, as a rule, be treated as forseeable. As the concept is commonly recognised in the European legal systems and in uniform law instruments and is well known in practice, the author also brings examples of the implementation of such instruments and introduces positions put forward in the legal literature of other countries. In addition, the author addresses the first Supreme Court cases concerning the forseeability of loss.