text: particularly in respect of damage to property rights on a “going concern” of an industrial or commercial nature. As regards the former, he mentioned that - 200 -in at least two cases 2.W the tribunals had denied profits on the grounds that they were uncertain, not immediate or indirect. In literature, however, a clear distinction had beea made between indirect damage and profit; and profit was found to br a legitimate component of pecuniary compensation. For profit to be compensable, the doctrine seemed to support the view that it was not necessary for the judge to determine with certainty that this damage (umceaeana) arose out of the wrongful act. It was sufficient if it could be presumed that, in the orJinary and normal course of events, the identified loss (mum ~&&JR) would not have occurred if the unlawful act had not occurred. The Special Rapporteur cited a number of cases which had supported this conclusion. m/ As regards the method of calculating v, he mentioned two I@@sebstrecto” and ‘*meoncreto”. The former, a more commonly used method, consisted in calculating interest on the amounts due by way of compensation for the principal damage. Under this method, either a larger amount of pecuniary compensation which included profits were granted in a lump-sum, or profits were calculated on the basis of the profits earned by the same physical or juridical person in the period preceding the unlawful act, or earned during the ssme period by similar business concerns. The letter “mconcreto” method was used, depending upon the circumstances of the case, to calculate profits which the injured enterpriee or property would have made in t!le period in question. This method involved complicated formulas for computation, 367. As regards the calculation of profit involving reparation due for the
analysis: The text discusses the calculation of pecuniary compensation for damage to property rights, specifically in the context of industrial or commercial activities. It mentions methods of calculating profits, such as calculating interest on amounts due or using formulas to estimate profits that would have been made in a certain period. This suggests that the text is related to economic and commercial activities.