Modusvolumen

Modusvolumen is a term used in certain legal systems, particularly in civil law jurisdictions, to describe a method of calculating damages. It refers to the approach of determining the loss of profit a party would have reasonably expected to receive had the contract or wrongful act not occurred. This is distinct from simply calculating the actual expenses incurred or the direct losses suffered. The focus is on the lost opportunity or benefit.

When a breach of contract or a tortious act results in economic harm, Modusvolumen aims to put the injured party in the financial position they would have occupied had the infringement not taken place. This often involves an assessment of projected income, market conditions, and other factors that would have influenced profitability. The calculation can be complex, requiring evidence to support the anticipated profits.

The application of Modusvolumen can vary depending on the specific legal framework and the nature of the case. It is a principle designed to compensate for the full extent of the economic disadvantage caused by the defendant's actions. Courts will typically examine evidence presented by both parties to determine a reasonable and foreseeable level of lost profit. The goal is to provide a fair and just remedy for the injured party.