Four Judgments of the Sezioni Unite of the Italian Court of Cassation on the compensatio lucri cum damno

In certain cases, an unlawful act or a breach of contract, apart from disadvantageous consequences, could confer economic benefit on the injured party. For determining the compensation, in such cases it is necessary to take account not only of harms suffered by the victim, but also the advantages that he or she has possibly achieved. Generally, the law scholars expressed that need with the elaboration of the ‘compensatio lucri cum damno’ doctrine (from now also ‘c.l.c.d’.). On 22 May 2018, in order to clarify a contrast existing among the different Sections, the Sezioni Unite of the Italian Court of Cassation provided a meticulous discussion of the foundations and the rules of this doctrine.