Quite often, disputes between business partners have to be resolved in court. The conclusion of a contract does not always guarantee decency and the fulfillment of all its conditions, but it can significantly simplify the procedure for recovering damage from an optional side.
Instructions
Step 1
Since losses are a measure of liability that arose as a result of harm or failure to fulfill obligations, the plaintiff must prove the following circumstances:
- the size and fact of the damage incurred;
- unlawfulness of the defendant's actions;
- a causal relationship between the incurred losses and the actions of the defendant.
Step 2
When the plaintiff claims losses related to non-performance of the contract, it is necessary to determine what the defendant had obligations under this contract, whether they were improperly performed. The court, establishing these circumstances, must assess the contract, since a measure of damages can be applied to the defendant in the presence of a concluded and valid contract.
Step 3
When determining the amount of losses, it must be borne in mind that the main principle of compensation is completeness. Meanwhile, the law may restrict full compensation for losses for certain types of activity and certain types of obligations.
Step 4
Limitation of the amount of liability is possible by agreement of the parties. To determine the amount of losses, in addition, it is necessary to establish their type. The traditional composition of losses involves compensation for lost profits and real damage.
Step 5
Real damage is expenses actually incurred by a person and expenses that will be incurred by a person to restore the violated right. The wording of real damage also includes damage or loss of property. When filing a claim for compensation for actual damage, the plaintiff must prove the necessity of incurring the costs.
Step 6
When establishing the unlawful actions of the defendant and the causal relationship between the losses incurred and his actions, the court does not have the right to refuse to reimburse claims with the wording for insufficient evidence of the amount of losses, because losses are a sum of money that is determined by the plaintiff.
Step 7
To confirm the amount of losses, estimates of costs made to eliminate deficiencies in services, works, goods and the like, and the corresponding contracts are presented. If the claimed amount is not fully supported by evidence, the court establishes that there are no losses.
Step 8
When recovering losses at existing prices, they are confirmed by invoices for the shipment of goods, contracts and other documents. Often, special knowledge is required to determine the causes of losses, which is why this category of disputes requires an examination. Expertise is sometimes required to establish a violation of the defendant's obligations.
