When they talk about losses, they usually mean the true costs that the organization incurs due to the violation of its rights. Nevertheless, the amount of lost profits can also be received from the violator. How to get lost money?
Instructions
Step 1
First, calculate the income that the company could have received if the business partners did not violate the contractual relationship. To do this, use the "Temporary Methodology for Determining the Amount of Damage (Loss) Caused by Violations of Business Contracts". It is an attachment to the letter of the State Arbitration of the USSR dated December 28, 1990 No. С-12 / NA-225.
Step 2
Consider clause 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 and the Plenum of the Supreme Court of the Russian Federation No. 8 of July 1, 1996 "On some issues related to the application of part one of the Civil Code of the Russian Federation." It states that the lost profit is calculated as income from the sale of finished products. This amount is deducted for the cost of raw materials not delivered and the costs associated with the production of goods.
Step 3
Try to recover the lost money peacefully by writing a claim addressed to the head of the company. If you cannot get the required amount, then it is worth filing a claim for damages. Typically, a claim is made along with demands for other payments: principal and interest.
Step 4
Both in claims and when going to court, it is important to substantiate the amount of lost income reasonably. That is, to find and prove the causal relationship of the losses incurred with the actions or lack thereof of the defendant. The court takes into account a combination of factors against the guilty party. But if even one fact turns out to be groundless, then the arbitrators can refuse the claim.
Step 5
Provide, in accordance with paragraph 4 of Article 393 of the Civil Code of the Russian Federation, for the court, evidence that indicates that the injured party took all measures to make a profit and reduce damage. These can be contracts concluded with the plaintiff, as well as information about the material, labor and technical resources of both companies. Otherwise, the amount of lost profits will be reduced by the court.
Step 6
Sometimes it is impossible to get the money owed. According to clause 1 of Art. 547 of the Civil Code of the Russian Federation, the organization is obliged to compensate only for the actual damage caused. According to paragraph 2 of Art. 777 of the Civil Code of the Russian Federation, the payment of lost profits is provided only on the basis of a contract for the implementation of technological, development and research work.
Step 7
Or the plaintiff will be able to receive compensation for damages in a smaller amount, which should not exceed the difference between the cost of the order and the price of actually performed work according to the contract.
