Direct losses and economic losses of indirect losses

Property damage includes both direct and indirect losses. Direct loss, also known as positive loss, refers to the reduction of the victim's existing property, that is, the direct loss of the victim's existing property caused by the perpetrator's illegal act infringing on the victim's property rights and personal rights. For example, the loss of the victim's wealth due to the destruction of property, the medical expenses and nursing expenses of the victim after injury or disability are all direct losses.

Indirect loss, also known as negative loss, is the loss of obtainable benefits, that is, the benefits that should be obtained are not obtained due to infringement by torts, including: the loss of legal or natural fruits of available property, the loss of available profits, the loss of available wages and bonuses, and the loss or reduction of possible earning capacity. There is a principled difference between indirect loss and direct loss.

First of all, indirect loss is not a reduction of existing property, which is not manifested in the actual reduction of the value of the property actually owned by the victim, but the property interest that the victim should receive is not obtained due to the commission of the tort. Secondly, indirect losses are dependent, while direct losses are not. Finally, direct loss is an intuitive and realistic loss of property value, and although indirect loss is also an objective loss, it is not intuitively realistic, but it must be calculated according to the actual situation to obtain the actual amount of indirect loss.

Direct loss refers to the tortious act of the perpetrator that encroaches on or damages the victim's property, resulting in an actual reduction in the value of the property owned by the victim.

Some scholars in China believe that pure economic loss, also known as indirect loss, is manifested as a kind of indirect damage. However, in the 2002 and 2005 IOPC Fund Claims Manuals, "pure economic loss" emphasizes that the owner or user has suffered a loss of income despite not being infringed on his property. For example, after a ship accident, the fishery resources in the accident area are destroyed, the loss of income from nearby hotels, restaurants and yachts due to the decrease in beach tourists, and the loss of income of investors in specific tourism projects and fish operators in the sea area are pure economic losses. Indirect losses emphasize the losses caused on the premise that the victim's property has been damaged, such as the contamination of fishermen's fishing nets and fishing boats, and the loss of profits suffered by not being able to fish during the cleaning period of fishing gear is an indirect loss.

It can be seen that indirect loss and pure economic loss are both economic losses, but the premise of occurrence is different; Pure economic loss is a type of indirect loss as opposed to direct loss.

Legal analysis: The difference between direct loss and indirect loss is as follows: direct loss refers to the loss directly caused by the infringement, which can be directly counted; Indirect loss refers to the loss of obtainable benefits caused by the infringement.

Indirect losses are dependent; Direct losses do not have the ability to attain dryness. Direct loss is the intuitive and realistic loss of the value of the property; Consequential losses should be calculated according to the actual situation in order to derive the actual amount of indirect losses.

Legal basis: Article 584 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it shall not exceed the damage and loss that the breaching party foresaw or should have foreseen at the time of entering into the contract.

The difference between direct loss and indirect loss is as follows: direct loss refers to the loss directly caused by Sun Tala's infringement, which can be directly counted; Indirect loss refers to the loss of obtainable benefits caused by the infringement. Indirect losses are slippery in dependency rules; Direct loss is not dependent.

Direct loss is an intuitive, realistic loss of property value; Consequential losses should be calculated according to the actual situation in order to derive the actual amount of indirect losses.

Article 584 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

The difference between direct economic loss and indirect economic loss is that direct loss is not dependent, while indirect loss is dependent; Direct losses are intuitive; Indirect losses are profit-oriented. Direct losses and indirect losses are calculated as follows: direct losses are calculated as reductions in existing property, and indirect losses are calculated as losses in future property interests.

1. The difference between direct economic losses and indirect economic lossesDifference Between Direct Economic Loss and Indirect Economic Loss:

1.Indirect loss is not a reduction in existing property, which is not manifested in the actual reduction in the value of the property actually owned by the victim, but rather the property interest that the victim should receive is not obtained due to the commission of the tort;

2.Indirect losses are dependent, while direct losses are not;

3.Direct loss is the loss of intuitive and realistic property value, and although indirect loss is also an objective loss, it is not intuitively realistic, but it must be calculated according to the actual situation to derive the actual amount of indirect loss.

II. Calculation standards for direct and indirect lossesCalculation criteria for direct and indirect losses:

Direct loss refers to the reduction of the victim's existing property, that is, the direct loss of the victim's existing property caused by the perpetrator's illegal act infringing on the victim's property rights. Please be reminded that for example, the loss of the victim's wealth due to the destruction of property, the medical expenses of the victim after the injury or disability, and the necessary expenses incurred after the infringement of personality rights are all direct losses.

The indirect loss of the world chain is the reduction of the available benefits, which refers to the quiet loss of the victim's future property interests caused by the perpetrator's infringement of the victim's property.

3. Characteristics of indirect losses in compensation for property damageCharacteristics of consequential loss in property damage:

1.What is lost is a kind of future gainable benefit, and at the time of the infringement is committed, it only has the possibility of acquiring property, and it is not a real benefit.

2.It is this lost future benefit that is of practical significance, not abstract or hypothetical.

3.It is that such an obtainable benefit must be within a certain scope, that is, the scope of the direct impact of the damage to the property, beyond which it cannot be regarded as an indirect loss.

Where compensation for indirect losses of infringed property is applicable, in principle, compensation should be made if there is indirect loss.