Pet becomes very ill Getting a new animal[ edit ] One caveat is to carefully consider timing bringing a new pet into the home. Some people shown on the show waited for over ten years for the return of their pet.
For example, a [page 1] plaintiff may bring an action alleging damages that have occurred prior to the date of the suit in the form of lost profits. Alternatively, a plaintiff may allege damages at the time of the suit going forward-in the form of future lost profits, lost goodwill, or loss of business value.
Federal and state laws provide different remedies depending on the type of claim brought by a plaintiff. The type of economic damages alleged loss of profits from specific transactions, loss of business reputation or goodwill value, or the destruction of the business outright will also often dictate which measure of damages is most applicable.
However, in some cases plaintiffs seek both lost profits and loss of business value. The courts have not always clearly, nor consistently, distinguished these two types of remedies and there frequently exists confusion as to whether or not the two damage measures are redundant or overlap one another.
In many cases, both measures of damages are not justified by the type of claim alleged by a plaintiff. This is because the value of a business is ultimately determined by the profits that can be earned by the business. Lost profits are measured over a specific time period whereas the value of a business, in principle, represents the value of all future expected profits to be earned over the life of a business.
These two measures of damages can overlap and great care must be exercised when both measures are used simultaneously perhaps additively in a damage calculation.
Ultimately, the question of which measure is the most appropriate will usually depend on the applicable law of a specific jurisdiction and the circumstances of each case.
The purpose of this article is to distinguish between the measurement of damages as lost profits versus damages as loss of business value.
Finally, the article suggests methods of properly utilizing both damage measures without redundancy. These damages can include out of pocket losses as well as lost profits or loss of business value.
At least two primary requirements must be met in order to bring a damage claim.
First, the alleged wrongful conduct of the defendant must be the legal or "proximate" cause of the damages. Once causation and the existence, or fact, of damages has been established, the amount of damages may be estimated using a variety of methods.
The method of quantifying damages does not necessarily have to be exact. Damage estimates are by their very nature somewhat speculative. Damage analyses are acceptable provided they are not unreasonable and are not founded on conjecture or impermissible speculation.
The basis upon which a damage claim rests must be reasonable, have satisfactory support in the facts and evidence of the case, and be based upon methods which are generally supported by economic or financial theory.
There exist at least three typical methods of calculating lost profit damages. Some account for future expected growth in the business may be included in this calculation.
Company or Market Forecast Approach: This approach is based on the premise that the value of a business enterprise is the present value of the future economic income to be derived by the owners of the business.
This approach utilizes the premise that the value of a business enterprise should be determined based on what astute and rational capital market investors would pay to own the stock in the subject company.
Comparative Market Transaction Approach: This approach determines the value of the business by comparing the subject firm to comparable firms that have been bought or sold during a reasonably recent period of time.
In calculating loss of business value or lost profits damages, a date or dates must be selected at which to value the damages. For instance, loss of business value must be calculated as of a particular date.PROFIT AND LOSS AND BALANCE SHEETS The Profit And Loss Account Terminology A profit and loss account always covers a Cost of sales is the cost of selling goods or particular period.
This may be a day, week, services. Reproduced with permission of 18 Journal of Law and Commerce (Fall ) Measuring Commercial Damages via Lost Profits or Loss of Business Value: Are these Measures Redundant or Distinguishable?
Financial Technologies (India) (FTIL) was established in It is a flagship company of the Financial Technologies Group. Financial Technologies (India) is a large exchange and eco. It is common when drawing up a profit and loss account to calculate the gross profit on selling goods or services before going on to calculate the net profit or pre-tax profit.
Gross profit is calculated as follows: Gross profit = Value of sales in the period. The below strategy and technique will provide Rs profit on daily basis.
New comers to share market should understand the markets and learn paper trading practice before moving to actual trading because day trading is very risky for new comers.
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