Positive harm
From a positive claims ( lat . Damnum emergens ) occurs in tort when an existing given asset is diminished or destroyed or must make the injured party expenses of repairing the damage.
On the other hand, it is a matter of lost profit if it is not the wealth itself, but the increase in wealth , i.e. an opportunity to earn money, that is prevented.
Austrian law
This distinction is particularly important for the degree of fault: positive damage is to be compensated for at every degree, loss of profit in legal transactions between non-entrepreneurs is only to be compensated for in the case of gross negligence (ie in the case of willful intent or gross negligence ).
