Loss of income or loss of profit

Loss of profit, in fact, is afuture expected revenues not received due to inadequate fulfillment of the clauses and terms of the agreement of one of the economic parties. This lost income can be reimbursed under the Civil Code of the Russian Federation (the basis is Article 15). And this is one of the most essential conditions for the normal operation of any economic system, and it necessarily includes compensation for the damage (loss) to the full, including lost profits. All the evidence base should be submitted by the plaintiff independently, as stipulated in Article 65 of the agrarian and industrial complex of the Russian Federation.

Unearned profit or The lost profit of the Civil Code of the Russian Federation is very complex inevidence. Demanding its reimbursement, the plaintiff must show a causal relationship on the facts between the improper actions of the partner (the respondent) and the losses incurred. This in itself is very difficult. In order to collect evidence, it is necessary to conduct an examination of the amount of losses received on the basis of the concluded economic contract and the specifics of the violation of the obligations taken on it. Reparation can be carried out if the court fully provides all the evidence. These are the actual conditions for violation of obligations under the concluded contract, and the specific amount of losses, and the consistent relationship between them.

Expected return, or loss of profit is losses that could not be obtained by the plaintiff atstrict observance of all obligations under the concluded contract. The lost profit is calculated on the basis of the actual costs associated with the receipt of this income (profit). To do this, you can use the current methodology for determining the amount of loss. For example, the lost profit in the case of a decrease in sales volumes is determined as follows: first is the difference between the planned unit price and the selling price, then this result is multiplied by the total number of unrealized units due to violation of contract terms. The number of unrealized units is calculated specifically depending on the situation that has arisen. In such cases, late delivery, short delivery or incompleteness is possible. And, as a result of these inconsistencies, there is a lost profit in the production cycle.

Get financial compensation from the defendant insuch cases are possible only if a well-reasoned claim is filed, supported by strong documentary facts. And since in the course of the court session, to determine the conditions for compensation of damages, the validity of the claims of the plaintiff is first determined, first of all, the contractual obligations and facts of violation of the items of the economic contract are considered. After that, the possibility of obtaining additional revenues and their use, as well as the causal and investigative link between them and the measures taken by the plaintiff for the purpose of preparation are studied.

In this case, the lost profit is reinforcedEvidence of all possible measures taken to prepare for the receipt of income on the part of the claimant, including preliminary agreements on the conclusion of an economic contract. But with one caveat. If these contracts are not signed within the time limit specified in the agreement, the obligations assumed become invalid and can not be applied as evidence. Therefore, the lost profit as one of the possibilities to recover damages received under the Civil Code of the Russian Federation should be economically justified and confirmed by valid documents indicating the possibility of obtaining financial benefits in the event that all conditions were fulfilled by the respondent in full compliance with the clauses of the business agreement.

Liked:
0
Responsibility for breach of obligations and
Civil liability - general
The tax base
USN earnings 2012
Budget revenues, their structure and types
Professional liability insurance
income tax
Operating income in banking activities
The budget of incomes and expenses of the enterprise is one
Top Posts
up