| gen. |
предсказуемые убытки (Expectation damages are those damages which a plaintiff sustains not based on the injury but because of the loss of some future, possibly speculative, stream of income. They are composed of incidental damages and consequential damages. Expectation damages are awarded to a party harmed by breach of a contract, provided that those damages can be calculated with reasonable certainty. Expert testimony, if well supported and thorough, is an acceptable way of determining expectation damages. To the extent that the calculation of expectation damages remains somewhat uncertain, doubts are resolved in favor of the nonbreaching party. Still, the burden of proof remains at all times on the plaintiff.  uslegal.com Alexander Demidov); упущенная выгода (Expectation damages are damages recoverable from a breach of contract by the non-breaching party . An award of expectation damages protects the injured party's interest in realizing the value of the expectancy that was created by the promise of the other party. The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled. Expectation damages can be contrasted to reliance damages and restitution damages, which are remedies that address other types of interests of parties involved in enforceable promises. WK Alexander Demidov) |
