lost profits, in fact, represent future expected returns, uncollected due to improper implementation of terms and conditions of the contract of one of the businesses of the parties.This foregone income may be compensated for by the Civil Code of the Russian Federation (base - Article 15).And this is one of the essential conditions for the normal operation of any economic system, and it certainly includes the compensation received damage (loss) to the full, including lost profits.All the evidence is to be presented by the plaintiff alone, as provided in Article 65 of the Russian Federation agribusiness.
lost profits or lost profits the Civil Code is very complicated proof.Demanding her compensation, the claimant must show a causal relationship between the facts on the improper actions of the partner (the defendant), and damages.This in itself is very difficult.To gather evidence needed to conduct the examination size of losses on the basis of the conclusion of economic agreements and combined features of violation of his obligations.Compensation can be effected, if the court will be fully provided with all the evidence.This is the actual condition of breach of obligations under the contract, and the specific amount of loss, and consistent relationship between them.
expected income, or loss of profits - is losses which could not be obtained by the plaintiff in the strict observance of all obligations under the contract.Loss of profit is calculated on the basis of actual costs related to such income (profit).You can use the existing method of determining the amount of the loss.For example, loss of profits in the case of reducing the volume of sales is defined as follows: first, there is a difference between a planned unit price and the selling price, then the result is multiplied by the total number of unsold units in connection with the breach of contract.The number of unsold units specifically calculated depending on the situation.In such cases, possible delayed delivery, short delivery or incompleteness.And, as a result of these inconsistencies, in the production cycle there is loss of profits.
receive financial compensation from the defendant in such cases is only possible upon presentation of a reasoned claim, supported by compelling documentary evidence.And as in the process of court hearing to determine the conditions of indemnification is first determined the validity of the plaintiff's claims, it is primarily considered contractual obligations and violations of the items a business agreement.After that, we study the possibility of obtaining additional revenues and their use, as well as the causes and effect relationship between them and the measures taken by the plaintiff to prepare.
In this case, the loss of revenue is supported by evidence-all possible measures taken to prepare for the production of income by the plaintiff, including preliminary agreement on the conclusion of a business agreement.But with one caveat.If failure to sign these agreements in time, certain agreements, commitments lapse and can not be used in the form of reasoned evidence.Therefore, loss of profits as a possible reimbursement of losses of the Civil Code should be economically substantiated and confirmed by weighty documents that indicate the possibility of financial gain in the case, if the defendant all the conditions have been performed in full accordance with paragraphs a business agreement.
