Document Type : Research/Original/Regular Article
Authors
1 .
2 Refah
Abstract
Losing expected benefit means benefits, which have not been existed yet, but have the potential to come into existence. Considering this kind of loss as a compensable damages has always been a controversial issue. The incertitude is mostly because the loss itself and its measures cannot be evaluated for certain. Therefore, determining reasonable evaluation method might make compensating this damage much easier. In this article, a general study is conducted on this subject and we have tried to focus on the methods of evaluating this kind of damage, considering the judicial procedure as well as the experience of other legal systems. It is thus proposed, in case the tortfeasor’s act has ceased the previous status/benefit of the injured person, the injured person’s previous status must be considered as the basis of compensation. Otherwise, when the tortfeasor’s act has deprived the injured person from gaining an expected (new) benefit, the status of his peers are held as the basis of compensation.
Moreover, the extremity of the assessment of the loss of profit is usually until when the injured person is put back into his previous status. Otherwise, custom and law are the two elements, which are used in order to determine this extremity.
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