Supreme Court, Sec. III, April 27, 2010, No 10072
Damages future, both in terms of actual damages for loss of earnings that can not be accomplished according to the same criteria that govern the certainty of damages already occurred completely at the time of trial, and must be in accordance with a significant probability to this end, the real risk of injury can be configured as future damage whenever the actual reduction in capital appears as the natural development of actual facts and unequivocal symptomatic of the probability according to a criterion of normality based on the circumstances of the case. (In this case the judges of the Supreme Court has quashed the sentence on which he had ruled out the lawyer's professional responsibility in relation to the sale of a mortgaged property for which the bank had asked the buyer to pay the proportion of mortgage remained unresolved. Judges have therefore established the liability of the seller of the property and the notary to the third party purchaser for future harm, the first having hidden the time of sale, the existence of mortgages on the property charged and the second for failing to fulfilled the planned an overview).
Chambers. Massimo Chimienti
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