Wegfallmenge

Wegfallmenge refers to a concept in German law, particularly within contract law and administrative law. It describes the amount or quantity that would have been achieved or would have occurred if a specific condition or action had not been omitted or removed. Essentially, it's the "what would have been" if something hadn't been absent.

In contractual contexts, Wegfallmenge often arises when discussing damages or performance. For instance, if a seller fails to deliver a certain quantity of goods, the Wegfallmenge would be the amount of goods that were not delivered. This undelivered quantity is crucial for calculating the buyer's losses or the seller's liability.

In administrative law, the concept might appear when assessing the impact of a decision or regulation. If a permit is revoked, the Wegfallmenge could represent the economic activity or benefit that would have been possible had the permit remained valid. This helps in evaluating the consequences of the administrative action.

The calculation of Wegfallmenge requires a hypothetical reconstruction of events, considering what would have likely happened under normal circumstances. It is a speculative figure, but one that is legally relevant for determining compensation, establishing legal obligations, or assessing the proportionality of governmental actions.