Calculation of Financial Damages in Commercial Disputes

Compensation claims relating to commercial disputes consist of two complementary parts. The legal part concerns the determination of the tort or breach of contract, while the commercial part involves the calculation of financial damages and the assessment of compensation based on the findings of the legal part. Calculating the financial damages in a way that ensures the compensation of the actual loss will serve justice, preventing either party from suffering further harm from the process.

In practice, the calculation of financial damages in compensation claims is left to the courts, which attempt to resolve the issue by appointing individuals from the list of expert witnesses. Judicial decisions clearly demonstrate that this system is problematic. An alternative is for the plaintiff to present a damage amount calculated through experts using the correct principles and methods—which requires time and effort—while the defendant counters by revealing any inaccuracies through evaluations conducted by their own experts.

Therefore, within the framework of legal regulations, our book explains the calculation of financial damages that may arise from torts, breach of contract, unfair competition, loss of profit, unjust enrichment, termination of exclusive distributorship agreements, wrongful preliminary injunctions, excess damages, sale of movable goods, trade secrets, mergers and acquisitions, abuse of dominance within a group of companies, breach of non-compete obligations, disguised profit distribution, construction contracts, medical malpractice, insurance contracts, and certain international conventions.

Additionally, the damage calculation methods of arbitration tribunals, litigation fees, and the taxation of the compensation obtained are evaluated.