The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The nature of the damage of deprivation of economic profits in terms of loss of profit or possibility of obtaining it from the perspective of law and economics; Analysis of the verdicts of the primary and appeal courts of Ardabil province

Document Type : Original Article

Author
Assistant Professor, Department of Law, Faculty of Humanities, Islamic Azad University of Qazvin
Abstract
The nature of the damage resulting from the cessation of mining activities, given that the owners of the exploitation license have the right to use the relevant mine for a limited and specific period, is considered an example of damage resulting from the loss of possible benefits, the net value of which should be evaluated as accounting profit after deducting the deductible costs. Regarding the damage resulting from the failure to use and depreciation of equipment and machinery in order to launch and complete the sand and gravel production workshop due to the prevention of the completion of the workshop, Given that the aforementioned equipment and machinery have certain, established (existing) benefits that must be realized, preventing their use is considered to be a loss of potential profits from the equipment and machinery, and can be assessed within the framework of accounting profit after deducting the costs that can be accountd for if they are realized. Unless their use in other similar activities is reasonable, low-risk, logical (plannable), and conventional, which is not possible in this case due to the high cost and risk of moving machinery and equipment and the unpredictability of the duration of the obstruction. In contrast, damage resulting from the deprivation of completing the sand and gravel production processing cycle is an example of loss of profit, economic profit, and the subsequent chain of damage from the lack of use of machinery, which is not considered recoverable due to the possibility of its occurrence in future, its unforeseeability, and the inability to rely on the customary law of the harmful act. In contrast, damage resulting from deprivation of completing sand and gravel production processing cycle is an example of loss of benefit, economic benefit, and the subsequent chain of damage from the lack of use of machinery, which is not considered recoverable due to the possibility of its occurrence in future, its unforeseeability, its inability to be attributed to the harmful act
Keywords

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