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The private law branch holds a scientific symposium on fair compensation for a profitable mistake

The Private Law Branch held on Tuesday 1/24/2023 a scientific symposium tagged “fair compensation for a profitable mistake.” Dr. Ammar Mohsen Kazzar lectured in it and mentioned that a profitable mistake is illegal behavior from a legal point of view and is effective from an economic point of view, being  It causes the perpetrator to gain a profit greater than his loss of the amount of compensation, so it is likely that he committed economic motives aimed at maximizing profits or minimizing losses. According to this economic equation, committing a deliberate mistake within the scope of tort liability is considered an effective and acceptable mistake as long as the benefit accruing from the mistake covers the value of the damages resulting from it with the realization of part of the profits. It is linked to the realization of damage whether or not it is the basis for the emergence of that responsibility, so the tort liability does not accommodate the negative effects of the profitable mistake, but on the contrary it encourages the commission of such a mistake as a result of the prevention of legal principles without deterring those responsible for committing the profitable mistake embodied in the principle of full compensation for the damage  This is what the Iraqi legislator referred to in the scope of contractual and tort liability, as he indicated that “the court assesses compensation in all cases to the extent of the harm suffered by the harmed person and the loss of earnings, provided that this is a natural result of the illegal act.”

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