Studying Two Cases of Loss of Profits

Loss of profits is the benefit that could have been gained if the tortfeasor did not act. Imamiah Jurisprudents do not agree on the possibility of claiming loss of profits. Some jurisprudents have doubted the necessity of compensating it, referring to the fact that loss of profits is not damage or that it is not subject to the title of Usurpation. On the other hand, some other jurisprudents, relying on the reasonable concept of damage, the rule of La’Dharar, and the Conduct of the Wise, believe that loss of profits under certain conditions can be claimed. Similarly, there are disagreements in the legal literature about the possibility of claiming the loss of profits. In the latest legislating development, Article 14 of the Criminal Procedure Code and Note 2 of it have considered the possible benefits to be claimed, of course, on the condition that "leads to the direct damage (Itlāf)". It seems that the legislator has emphasized the necessity of verifying the reasonable certainty of loss of profits to issue a judgment on the responsibility of the tortfeasor. For this reason, the legislator has used the term "leads to the direct damage (Itlāf)" in drafting the mentioned note. Anyhow, the judicial proceedings regarding the possibility of claiming loss of profits are not the same. The following article, by studying two cases, tries to analyze the possibility of claiming loss of profits and the method of compensating it.