Damages for Loss of Business Opportunities
torts clat_pg intermediate mcq_helpMaine pehle hi yeh question dekhne mein confuse ho gaya tha, lekin phir maine pehle se hi memorized kiya tha. Question hai:
In a case of loss of business opportunities, which of the following statements is correct?
A) Victim can claim only for the actual damages suffered, no notional damages. B) Victim can claim notional damages for the loss of business opportunities. C) Victim can claim either actual damages or notional damages, depending on the court's discretion. D) Victim cannot claim damages for loss of business opportunities.
Meri pehle koshish thi ki A ka option ho jaye, kyunki woh sabse simple lag rahi thi. Lekin phir yeh problem aayi, kya maine yeh sahi kar liya?
Answer aur explanation kahein please!
2 Comments
Bro, I completely disagree. Court cannot award damages for loss of business opportunities. This is a discretionary concept and our SC has made it clear in S. Rajalingam v. D. S. Ramanujam, that business opportunities are not compensable damages. It's just a hypothetical calculation and no concrete proof can be provided, hence, this can lead to unwarranted judgments.
"Bhai, damages for loss of business opportunities ko calculate karne ke liye, kuch factors important hote hain. Sabse mahatvapurn hai, aapko loss ki quantification karna hai. Isme, loss ki estimated amount, loss ki jagah par business ki sambhavta, aur loss ki samay-boundarity shaamil hoti hai.