Glossary
Actual financial loss (damnum emergens)
Damage corresponding to an actual loss suffered. In corporate finance and business law practice, this concept should always be read in its economic, contractual and documentary context in order to assess its effects on value, risk or the parties’ rights.
Example: in a transaction involving a reference value of CHF 10.0 million, this concept should be documented carefully in order to avoid mischaracterization and secure the parties’ decision-making.
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