Lost profits

 

Reducing lost profits by fixed costs when calculating damages

 

When the aggrieved party would still have to work on the goods before they are sold to a third party, are fixed costs that the aggrieved party would have incurred even without the breach to be subtracted from the loss of profit? 

 
  • No (= fixed costs can be claimed as part of the lost profits):
 
Czech Republic
Delchi Carrier, SpA v. Rotorex Corp.
U.S. Court of Appeals (2nd Circuit)
USA, 06 December 1995 – 95-7182, 95-7186, CISG-online 140
Czech Republic
Shamo jeans case
Oberlandesgericht Hamburg (Court of Appeal Hamburg)
Germany, 26 November 1999 – 1 U 31/99, CISG-online 515