On The Application Of Break-Even Role Of Profit And Loss In Tort Compensation

The application of Break-Even Role of Profit and Loss on Tort CompensationBreak-Even Role of Profit and Loss is that the benefits should be deducted from thedamages,when the victim attains benefit on account of the same cause of thedamages’.It is the essential of the principle that the tort-feasors should merely takeson the liability of actual loss for fear that the victim get the unjustenrichment,therefore,it shows the compensation function of torts law. The principleis often used for judging the compensation in the tort case and has an availabilityeffect on judicatory practice.However,the principle is not proclaimed in writing inour state.As a resuil,the provision of tort law can’t apply for the practice.So how toapple the Break-Even Role of Profit and Loss,what is the conditions of the rule,theapplication way and how to caculation the compensation need to be clead.Suitable for the basis of Break-Even Role of Profit and Loss,There are twotheories basis consists of Differenzhypothese and Bereicheungsverbot.Undercomparing the two theories mentioned above, But relatively,BereicheungsverbotPresents the make-up function in the conpensation for damages, It easily received byPeople, and also it is convenient for the operation and application in judicaturepractice.Therefore, if the rule is adopted in the national legislation in the future, itwill be suited to take the Bereieheungsverbot.The rule is made up of a series of elements according to a certain contractureorder.These elements include three parts.Frist,debt of damage conpensate istenable,which is the precondition of the rule.Second,conpensation oblige can receiveinterests for one same reason of damage,which is the necessity of the rule and alsothe essential difference between it and other rules.Third,profit and loss based on thesame reason of damage.There exists causation between damage deeds andinterests,which is decided whether to be the key point of the rule.Application of the rule,by the parties claim,not by the judge quoted in active,Inthe process of application,the judge is neutral.and obliged to fully exercise the right to explain.At the same time,it is very important to clear the specific method ofcalculation,according to the different types of profits,using different methods ofcalculation.when offseting and Contributory Negligence calculation in the conflict,tocalculate the offseting frist.and then finally determine the amount of damages.