[Direct answer]In the Beijing area, the money that could have been earned from the contract constitutes a loss of anticipated benefits, and compensation can be claimed if the conditions are met. According to Article 584 of the Civil Code of the People's Republic of China (effective January 1, 2021), if a party fails to perform its contractual obligations or performs them in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that could have been obtained after the performance of the contract; however, it shall not exceed the losses that the breaching party could have foreseen or should have foreseen at the time of concluding the contract. In other words, the party in compliance with the contract can not only claim the actual losses that have occurred, but also claim the benefits that could have been obtained after the normal performance of the contract, such as resale profits, operating income, etc. However, this claim is subject to the rule of foreseeability and requires evidence to prove the existence and amount of the losses. In practice, claiming losses of anticipated benefits typically requires three pieces of evidence: first, the contract is valid and the other party breaches the contract; second, the benefits that could have been obtained after performing the contract in accordance with the agreement are certain or can be reasonably calculated; third, the losses were foreseeable by the breaching party at the time of concluding the contract. Therefore, when making a claim, it is necessary to prepare evidence such as the contract, cost and income calculations, prices of similar transactions, and performance records, and if necessary, to determine the amount of losses through appraisal or evaluation.

I. Problem Background and Typical Scenarios

After the other party breaches the contract, whether the contract-abiding party can claim the profits that could have been obtained is a common issue in contract disputes. There are three typical scenarios: First, in a sales contract, if the seller breaches the contract and fails to deliver the goods, the buyer may claim the loss of profits from resale; Second, if a long-term supply contract is terminated prematurely, the contract-abiding party may claim the expected operating income; Third, if a contract for commissioned development or contract acceptance is terminated, the contract-abiding party may claim the subsequent obtainable remuneration. When the Beijing District Court handles such cases, it will balance the protection of the contract-abiding party with the actual losses, supporting reasonable claims for obtainable benefits while preventing the scope of compensation from being unlimitedly expanded by the predictability rule. Understanding the determination rules for obtainable loss of profits can help the contract-abiding party make reasonable claims and provide effective evidence.

II. Key points of contention

First, whether the loss of expected profits belongs to the scope of compensation. Second, how to calculate and provide evidence for the loss of expected profits. Third, how the rule of foreseeability limits compensation. Fourth, whether the loss is certain. Fifth, the impact of the obligation of mitigation on compensation. The core is to review the loss of expected profits under the framework of full compensation and foreseeability, and clarify that it can be claimed but must meet conditions such as certainty and foreseeability.

III. Professional analysis by Henglue Lawyers

From a practical perspective, to claim the money that could have been earned, the following conditions must be met: the contract must be valid, the other party must breach the contract, the loss must be certain and foreseeable. Taking a contract dispute handled by Henglue Lawyers as an example, the client signed an agreement with another party and paid money to handle household registration, but the registration failed due to policy reasons. After investigating and sorting out the evidence such as the contract, transfer records, and communication recordings, the attorney argued that the agreement violated public order and good customs by using false marriages to evade household registration policies, and thus should be deemed invalid according to the provisions of the Civil Code on the validity of civil legal acts. Based on this, the attorney requested the return of the paid amount. The court accepted the attorney's argument and ordered the recipient to return the funds within a specified period. This case shows that different contractual statuses correspond to different liability bases. When the contract is valid, the party in compliance can claim damages for breach of contract, including the loss of expected profits. However, when the contract is invalid, damages for breach of contract generally do not apply, and the focus is on property restitution and fault-based compensation. Returning to the issue of expected profits, if the contract is valid and the other party breaches the contract, the party in compliance can claim the profits that could have been earned after the contract was performed, but this claim must be based on the certainty and reasonable calculation of the loss, and the breaching party must have foreseen it when entering into the contract. For speculative and uncertain profits, courts generally find it difficult to support them. Therefore, the claimant should prepare evidence such as cost-benefit analysis, prices of similar transactions, and performance records, and, if necessary, apply for appraisal or expert evaluation to enhance the persuasiveness of the claim.

IV. Practical suggestions and legal basis

Action recommendations: First, confirm the validity of the contract and secure evidence of the other party's breach of contract; Second, estimate the benefits that could be obtained if the contract is performed as agreed, and form a detailed breakdown of costs and benefits; Third, collect prices of similar transactions, market conditions, and performance records to support the certainty and reasonableness of the losses; Fourth, ensure that the losses involve benefits that the breaching party could have foreseen when entering into the contract; Fifth, take timely mitigation measures and preserve relevant evidence. For cases involving corporate commercial and contract disputes, you may refer to the following guidelines:Business and contract disputes in enterprisesFor issues related to loss appraisal and procedural matters, you may refer to the following documents for reference:Integrated legal servicesLegal basis: Article 584 and Article 591 of the Civil Code of the People's Republic of China (effective as of January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, the loss of anticipated profits is covered by the compensation scope, but subject to the limitation of foreseeability. Secondly, it is necessary to prove the existence, certainty, and reasonableness of the loss. Thirdly, there is no compensation for breach of contract when the contract is invalid. Fourthly, timely mitigation can help avoid the loss from expanding. For contract disputes, you can seek assistance through legal channels.Business and contract disputes in enterprisesService acquisition, which involves the combination of loss assessment and proceduresIntegrated legal servicesFor matters involving the enforcement of compensation, you can refer to the following document for guidance.Creditor's rights and debts, and enforcement casesColumn.

VI. Frequently Asked Questions

Q1: Can I demand compensation for the money I could have earned from the contract?

It is possible if the conditions are met. If the contract is valid and the other party breaches the contract, the party in compliance with the contract may claim the benefits that could have been obtained after the performance of the contract, but it is necessary to prove that the loss is certain and foreseeable by the breaching party when the contract was concluded.

Q2: How to prove the loss of expected benefits?

It can be proven by evidence such as cost-benefit analysis, prices of similar transactions, market conditions, and performance records. If necessary, an assessment or appraisal can be applied for to determine the amount of the loss.

Q3: What kind of money is not supported by the court?

Speculative and uncertain profits are generally difficult to support; when the contract is invalid, breach of contract damages usually do not occur, only involving restitution and compensation for fault.

Q4: Can the other party reduce the compensation if they didn't foresee this situation?

Yes. The compensation shall be limited to the losses that the breaching party foresee or should have foreseen when entering into the contract. Generally, losses exceeding the foreseeable range will not be supported.

Q5: Can I claim both actual losses and profits?

They can be claimed together, but they cannot be counted twice. The actual losses and the expected benefits should be listed and explained separately, to avoid being reduced due to overlapping claims.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.