Loss of profits: Difference between revisions

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{{g}}''Not'' the same thing as [[consequential loss]], though in many cases it is a type of consequential loss. It is possible for a [[loss of profits]] or [[loss of opportunity]] to be a direct loss, although the great case of {{casenote|Hadley|Baxendale}} illustrates that is by no means the ordinary run of things.
{{a|contract|{{subtable|{{small|80}}{{loss v damages}}</div>}}}}''Not'' the same thing as [[consequential loss]], though in many cases it is a type of consequential loss. It is possible for a [[loss of profits]] or [[loss of opportunity]] to be a direct loss, although the great case of {{casenote|Hadley|Baxendale}} illustrates that is by no means the ordinary run of things.


But there are obvious cases of losses of profit that are direct losses: Such as, the profit I would make in making and selling you a widget you had agreed to purchase from me, had you not reneged on your obligation to buy it. Which means there are [[:category:schoolboy error|schoolboy error]]s ahoy:
But there are obvious cases of losses of profit that are direct losses: Such as, the profit I would make in making and selling you a widget you had agreed to purchase from me, had you not reneged on your obligation to buy it. Which means there are [[:category:schoolboy error|schoolboy error]]s ahoy:
===Not the same as an account for profits===
{{loss of profits vs account for profits}}


===[[Tricks for young players]]===
===[[Tricks for young players]]===
If you exclude liability for “[[consequential loss]] ''including [[loss of profits]]''” that will not immunise you from liability for losses of profits that were [[direct loss]]es. {{cite|Polypearl Limited|E.ON Energy Solutions Limited|2014|EWHC|3045}}.
If you exclude liability for “[[consequential loss]] ''including [[loss of profits]]''” that will not immunise you from liability for losses of profits that were [[direct loss]]es. {{Polypearl Eon headnote}}
 
===Not the same as an account for profits===
The remedy of [[special damages]] for [[loss of profits]] compensates an innocent party for opportunities and profits she would have been able to take had the guilty party not breached its duties to her. This is different from the remedy of “[[Account for profit|accounting for profits]]” whereby the guilty party has to disgorge profits it has actually made in breach of his contractual or fiduciary duty to the innocent party.
 
{{Polypearl Eon headnote}}
{{sa}}
{{sa}}
*[[Account for profits]]
*{{casenote|Hadley|Baxendale}}
*{{casenote|Hadley|Baxendale}}
*[[Remoteness of damage]]
*[[Remoteness of damage]]
*[[Breach of contract]]
*[[Breach of contract]]