LOSS OF PROFIT DUT TO THE GOODS DEFECT

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FATAH ZADEH ZAHRA

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Journal Paper

Paper Information

Journal: RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW Year:2011 | Volume:3 | Issue:7 Page(s): 231-256

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Title

LOSS OF PROFIT DUT TO THE GOODS DEFECT

Author(s)

FATAH ZADEH ZAHRA | Issue Writer Certificate

Keywords

HARMQ2

PROFITQ1

LOSS OF PROSPECTIVE PROFITQ2

DEFECTQ3

LIABILITYQ2

PRODUCERQ3

CONSUMERQ2

Abstract

Loss of Prospective PROFIT Arising from the DEFECT of Goods arguments. Based on The dominant view among jurisprudents is that there is no reason for LIABILITY towards expectancy damages. Following the dominant view of jurisprudents, Proviso 2 to article 515 of Civil Procedure Code also apparently does not consider expectancy damages demandable. Vis a vis the dominant view, a group of jurisprudents admit the LIABILITY towards expectancy damages presenting certain plausible the latter view, the present article considers demanding expectancy damages permissible. In the laws of certain countries, this LIABILITY is also approved absolutely or conditionally. There are two situations imaginable for expectancy damages of a DEFECTive goods: Sometimes, the owner of a DEFECTive car is deprived of utilizing the goods during the period of rectifying DEFECT or substituting the goods. Some other times, the DEFECTive goods gives rise to a physical HARM, and the CONSUMER is unable to be present in his business place. It seems that in both cases it is possible to demand expectancy damages relying on the rule of prohibition of detriments, that of waste of merchandise, indirect causation, and the usage of the reasonable. However, desirability of the extent of demanding damages should be weighed against its HARMs or disadvantages in the society, and if necessary, the scope of demanding damages should be limited, since increasing the obligations of the PRODUCER gives rise to stagnation of industry and production. Thus establishing balance between the interests of PRODUCER and CONSUMER is among the important issues in legislation. As to the proviso 2 to article 515 of Civil Procedure Code, which does not require expectancy damages demandable, it can be said that it refers to the probable expectancy damages, not to the unquestionable ones.

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APA: Copy

FATAH ZADEH, ZAHRA. (2011). LOSS OF PROFIT DUT TO THE GOODS DEFECT. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, 3(7), 231-256. SID. https://sid.ir/paper/255278/en

Vancouver: Copy

FATAH ZADEH ZAHRA. LOSS OF PROFIT DUT TO THE GOODS DEFECT. RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW[Internet]. 2011;3(7):231-256. Available from: https://sid.ir/paper/255278/en

IEEE: Copy

ZAHRA FATAH ZADEH, “LOSS OF PROFIT DUT TO THE GOODS DEFECT,” RESEARCH SCIENTIFIC JOURNAL OF JURISPRUDENCE AND BASES OF ISLAMIC LAW, vol. 3, no. 7, pp. 231–256, 2011, [Online]. Available: https://sid.ir/paper/255278/en

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