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Diminution in value

Definition

The reduction in the market value of a business or asset attributable to the defendant's conduct. Used when lost profits are not available or not the most appropriate measure, particularly for businesses without earnings history or for harm to capital assets.

Related terms

Avoided costs
The costs the claimant did not incur because the wrongful conduct interrupted operations. In a lost-profits calculation, avoided variable costs are deducted...
But-for scenario
The hypothetical financial position the claimant would have been in had the wrongful conduct not occurred. The damages figure is the difference...
Discount rate
The rate used to convert future projected cash flows to their present value. It reflects the time value of money and the...
Lost profits
The net income the claimant would have earned during the damages period but for the defendant's wrongful conduct. It focuses on the...
Unjust enrichment
A damages measure that focuses on the benefit the defendant gained from the wrongful conduct rather than the loss the claimant suffered....

Explained in

  • Damages QuantificationThe reduction in the market value of a business or asset attributable to the defendant's conduct. Used when lost profits are not available or not the most appr...

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