What is moral damage?
Moral damage is understood as the affectation suffered by a person in terms of their self-esteem, physical condition, feelings, honorability, integrity, honor, morality, decorum, personal life, reputation, and everything in terms of damage to a person's feelings about herself and how others perceive her.
Due to the nature of this type of damage, it is difficult to repair them. The way to achieve this is economic, however it is difficult to accurately quantify the amount of compensation due to the subjectivity of the damages.
Sometimes moral damages occur along with property damages, the same event can give the right to compensation for both types of damages.
When this has affected the victim in terms of honor and/or reputation, the judge will order the publication of a fragment of the sentence that clearly expresses the nature and scope of it through the media and information that he considers relevant. , in the event that the moral damage has been a consequence of the dissemination of certain information in the media, the judge will order that said fragment of the ruling be published in the same media with the same relevance and dissemination.
Recently added the fragment 1916 Bis in the Civil Code, in which it is stipulated that whoever exercises their right of free expression in the terms and limitations of articles 6 and 7 of the General Constitution of the Republic, will not be obliged to repair moral damage.
In it Civil Code of Mexico City, this penalty is punishable with economic compensation that depends on the seriousness of the acts attributed to the offender, as well as the rights harmed, the economic situation of the perpetrator and the victim, the degree of responsibility and other circumstances surrounding the case.
Claims for this cause are new in the investment field and their frequency and importance has increased in recent years, in several cases the courts have rejected allegations of moral damage based on lack of evidence.
What is moral damage composed of?
Reparation for moral damage refers to people with full current and legal rights. There have been cases in which, in the absence of solutions, employers have the right to claim compensation for moral damage caused by their employees.
There is so far no clear and consistent practice on arbitrations for moral damage, a procedural abuse can be considered as a legal basis for compensation for moral damage.
What is lost profit?
Lost profits refer to the economic benefits that are no longer received and that are the result of the breach of a contract, an illegal act or the damage caused by third parties. In this way, the person who caused the property damage is obliged to compensate for the loss. wrong through financial compensation.
The damages suffered by the plaintiff in a lost profits dispute will be the amount in pesos, adjusted for inflation, required to return the plaintiff to the financial position it could have enjoyed but for the defendant's illegal acts.
There are three approaches to determining lost profit damages in a business dispute:
Theoretically, using any of the above approaches to determine the amount of compensation for lost profits should result in the same value in pesos, but each approach is better suited in different situations.
Lost profits are recoverable if the plaintiff can show that the torts related to the lost profits are reasonable and occurred within a finite period of time.
The key element to determine the damage due to lost profits is the lost or not received income; there are different methods to quantify them.
Due to the difficulty in quantifying torts for lost profits, courts are forced to resort to standardized methods and criteria based on the practical experience of judges.
Although the main criteria to define the amount of compensation must be constituted mainly by evidence obtained by the plaintiff such as: tax returns, accounting books, etc. The methods mentioned in the previous paragraph are useful to give a guide and avoid damages remaining without compensation.
The calculation of the lost damage depends on the jurisprudence of each country, but the valuation approach allows knowing the estimate of the loss or destruction of a business in terms of its ongoing business value in a certain period of time.
The valuation of running business It also serves in cases where there is a permanent problem or a decrease in the cash flows of the business.
The most frequent cases of lost profits are breach of contract, commercial litigation or intellectual property, copyright or trademarks.
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