Damages For Loss Of Use

There is no general provision of the compensation for loss of use in Tort Law of the People’s Republic of China,but there are many related cases in judicial practice,so it is necessary to clarify the general rules of the compensation for loss of use.The compensation for loss of use discussed in my article is based on the fact that the infringement has been established,and this article attempts to address the issue of damages when the victim forfeits the possibility of using the involved object because of the infringement.Firstly,the article focuses on the concept of damage,and proves that the damage actually exists in the condition of loss of use by negating "the balance hypothesis" and "organization theory",and further characterizes loss of use as property damage according to the"commercialization theory of damage".Secondly,it is clear that the loss of use should follow the principle of full compensation,and the scope of damages is divided into three types:"whether the object involved in the infringement is used for income producing purposes","whether the victim costs for alternatives in situation of that the object involved in the infringement is not for profit","whether the object is a necessities of life when no replacement costs are paid".Finally,damages for loss of use are remedied by restoration to the original status,and the victim’s use of property is restored to the state when the damage did not occur,specifically by paying a certain amount of money.The monetary evaluation of damages for loss of use includes the period calculation and the calculation method of damage compensation.The calculation method of damage compensation can be divided into the calculation of loss of available benefits,and the calculation of loss of non-profit objects,and takes the "determined method" to the bottom.