Anyway costs
The no-regret costs are a term from the right to rectify defects and from the right to compensation. You denote
- in the right to remedy defects, those costs that the client would have incurred even if the contract had been executed without defects
- in compensation law, those costs that the injured party would have incurred even without the damaging event
- in insolvency law, those liabilities which the debtor himself incurred even without the continuation of operations before the bankruptcy was opened
Legally, it is one aspect of the problem of causality between breach of duty and damage. In the case of the no-business costs, the breach of duty in the legal sense is not causal (causal) for the damage.
Examples
- A car workshop overlooks the fact that a headlight lamp is defective during a car inspection. The workshop makes itself liable for damages. Compensation includes the costs of a second visit to the workshop, but not the cost of replacing the light bulb. These costs would have been incurred anyway .
- A tax advisor makes a mistake when drafting an income tax return, and later it turns out: additional taxes have to be paid. The tax advisor violated his obligations under the consulting contract , but the taxes would have had to be paid in this amount anyway, even if the tax return had been made properly . The back tax payment is therefore not a damage that triggers a liability for damages on the part of the tax advisor.
