Compensation for damages, as a measure of liability applied to the party who committed the violation, is the most universal way to protect civil rights.
Restoration of the property status of the victim is achieved by monetary compensation for the losses incurred.
Contractual and non-contractual damages
This method of protection applies both in the sphere of contractual obligations and in non-contractual relations. Unfair behavior of a party may become one of the grounds for the obligation to compensate for the losses before the conclusion of the contract, at the stage of negotiations.
The procedure and conditions for collecting the damages, as well as the specifics of justifying their amount, depend on what legal relations have arisen between the parties. Recovery of losses from the director of the company or recovery of losses from a seller at fault will certainly have its own significant specifics. For example, due to the risky nature of business activities, the occurrence of losses during the work of the head of the organization is itself not a basis for their recovery, since the court's powers do not include checking the economic feasibility of decisions made.
Composition of damages
Damages mean, firstly, actual losses: expenses that a person whose right is violated has made or will have to make to restore the violated right, loss or damage to his property, and, secondly, lost profit means lost income that this person would have received under normal conditions of civil turnover if his right had not been violated.
Proof of damages
Proving the amount of losses is not an easy task, it requires experience and certain qualifications. When calculating the amount of actual damage, first of all it is necessary to focus on the procedure provided for in the contract; if it is not provided, it is necessary to take into account the prices that existed in the place where the obligation must have been fulfilled on the date of actual performance by the debtor of your claim or on the day of filing a claim, if the debtor did not fulfill the claim. However, under certain conditions (for example, due to the length of the trial) the court may take into account the prices that exist on the day of the decision. In certain cases, even if the amount of losses cannot be determined with a reasonable degree of certainty, they can be claimed based on the principle of fairness and proportionality of liability (for example, when collecting losses from the head of the organization).
To recover lost profits, it will be necessary to prove the probable non-received income that the affected party could have received if no violation occurred. The amount of lost profits is almost always of probable nature, and its calculation takes into account the amount of revenue not received, reasonable expenses that would have been incurred in order to obtain such income, as well as usual conditions of civil turnover.
A cause-and-effect relationship must be established between the losses incurred by the victim party and the behavior of the party at fault. It is necessary to prove not only that the violation preceded the occurrence of harm, but also that the violation committed by the debtor could lead to such negative consequences in due course. There is a rule (which can be refuted) stating that there is a proof of a causal link between losses and negative consequences for the victim whenever a violation of agreements usually causes the same typical consequences in practice.
To recover damages, it is necessary to record correctly the fact and all the circumstances of the violation, take measures to prevent an increase in damage, observe the claim procedure (if it is mandatory), and submit claims to the appropriate court if the debtor refused to voluntarily compensate for losses. In the cases of such a sort, a judicial examination is often needed to assess losses correctly.
Comment type is not specified in the component properties.