Lost Profits Definition: Everything You Need to Know
Lost profits definition is something company owners should know since profits are distributed to them in proportion to their ownership percentages.3 min read
Lost profits definition is something owners or shareholders of a company should know. Under normal circumstances, profits are distributed to the owners of the company, usually in proportion to their ownership percentages. However, if one of the owners violates the terms of a contract, it can result in lost profits. Lost profits cost a company much more than lost revenues, but their actual impact can vary greatly from one company to another.
What Are Lost Profits?
Profits refer to the income that is left over for distribution among the owners or shareholders of a company. To determine profit, you have to subtract all expenses, including interests and taxes, from your company's revenue. Information about profits is included in a company's income statement. Profit is the final item listed in an income statement, so one dollar worth of loss in profit reduces the owners' returns by one dollar. When an owner commits a breach of contract that has an impact on the bottom line of a company, lost profits occur.
What Are Lost Profits Damages?
An estimate of the total amount of money lost due to a breach of contract is called lost profit damages. It involves the calculation of the benefits that a seller would have attained if the buyer did not breach the contract. The non-breaching party may claim lost profit damages by showing that he or she has met the breaching party's demand according to the terms of the agreement and no alternative remedy is available. In patent-related laws, lost profit damages are the loss sustained by the patent owner as a result of the infringer's actions.
Impact of Lost Profits on a Company
One of the main differences between lost profits and lost revenues is their impact on a company. One dollar of lost profit is a lot costlier than one dollar of lost revenue. This is because profit is the next amount that owners of a company will receive, while revenue includes expenses that are yet to be deducted.
In some companies, one dollar of lost revenue may just be a loss of 10 cents on the bottom line. Then again, the profit margins of companies may vary significantly from one industry to another, so the actual impact of lost profits on business owners can be very different.
Measuring Commercial Damages as Lost Profits
Commercial legal disputes often involve claims for damages that are measured as lost profits or lost business value. For instance, an innocent party may file a lawsuit alleging he or she has sustained lost profit damages before the date of the lawsuit. A plaintiff may also allege the occurrence of damages in the form of future lost profits, lost business value, or lost goodwill at the time of the lawsuit.
Federal and state laws offer different remedies for resolving different types of claims. To determine which method of measuring damages is most applicable, the court will look at the kind of economic damages allegedly sustained by the plaintiff, which can be any of the following:
- Loss of profits from certain transactions
- Loss of goodwill or business reputation
- Outright destruction of the business
In some cases, a plaintiff may seek damages for both lost profits and lost business value. The court may not always be able to clearly distinguish these two kinds of remedies, resulting in confusion as to whether or not the two methods are redundant or overlap each other. In order to prove damages, a plaintiff is required to show the following:
- The lost profits are the result of the defendant's wrongful conduct
- The lost profits were a foreseeable outcome of the defendant's actions
- It is possible to estimate the amount of lost profits with reasonable certainty
Lost profits are measured over a certain length of time, while the value of a business is an estimation of the total value of all future profits that are expected to be generated over the life of a business. Additionally, only lost net profits can be recoverable damages. They are usually determined by estimating how much gross revenue would have been earned if the defendant had not committed the wrongful actions and then subtracting the incremental costs that the plaintiff would have incurred in relation to the lost revenue.
If you need help understanding lost profits definition, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.