Exploitatieschade
Loss of profits
Exploitation damage is the pecuniary damage consisting of lost income or profits arising from the injured party’s inability to (fully) exploit a thing or right.
Exploitation damage is a specific category of pecuniary loss in which the injured party loses the opportunity to derive economic benefit from an asset, right or activity. This may arise through lost rental income, forgone sale proceeds or business interruption resulting from a tort or breach of contract.
In Dutch tort and contract law, exploitation damage is relevant because the injured party is entitled to full compensation, provided the loss is sufficiently substantiated and causation is established. The court assesses whether the damage was reasonably foreseeable and whether the injured party has taken adequate steps to mitigate the loss.
In practice, exploitation damage is commonly quantified by reference to accounting records, financial projections and expert reports. Counsel must accurately calculate the quantum of damages to support an award by the court.
“The owner of the property claimed damages for loss of exploitation because the contractor had delayed the renovation, as a result of which the letting had to be postponed by three months.”
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