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Damage to a company can result from tort or breach of contract. The damage is determined according to the logic of the civil law difference hypothesis by means of two company valuations.
The value of the enterprise is to be determined as it appears in the actual state after the damage. This state is to be compared with the hypothetical value of the enterprise without the damaging event.
Both company values are determined within the framework of a valuation report. The normative basis for this procedure is the claim for lost profit. The determination of damages as differential damages must take into account the special features of damages law in connection with the information that can be taken into account.