Korvausperiaate

Korvausperiaate refers to the fundamental principle governing compensation or indemnification in various legal and contractual contexts. It dictates how losses, damages, or liabilities are to be made good by one party to another. The core idea is to restore the injured party to the position they would have been in had the damaging event not occurred, or to compensate them for the actual harm suffered.

In practice, the application of the korvausperiaate can vary significantly. It often involves assessing the extent of the damage, determining causation, and calculating the monetary value of the compensation. This can include direct losses, consequential damages, and in some cases, even intangible harm like pain and suffering. The principle is a cornerstone of tort law and contract law, aiming to ensure fairness and accountability.

Several factors can influence how the korvausperiaate is applied. These include the specific terms of a contract, relevant statutes, and established legal precedents. The principle also recognizes limitations, such as the duty to mitigate damages, meaning the injured party must take reasonable steps to minimize their losses. Ultimately, the korvausperiaate serves as a guiding framework for achieving equitable outcomes when harm or breach of obligation occurs.