Indirect profit in Chilean case law: the concepts of “positive” and “negative” profit as well as the “full” and “partial” amount of profit

Abstract

This paper analyses the Chilean case law on indirect profit in the action for disgorgement of profits, focusing on the restitution of  the quantum of the profit. a dual classification is proposed: positive profit refers to the net gain,  and negative profit to the saving of expenses.  furthermore, a distinction is made between the broad quantum of profit, which includes the  total restitution received, and the narrow quantum  of profit, which only covers the difference  between what was paid and received. Chilean case law suggests that both broad and restricted  quantum have been compensated, considering  factors such as the nature of the act or contract,  the existence of tangible assets, the exercise of  civil actions and the qualification of the third  party. in some cases, the disgorgement of profits  action has been used as a substitute or cover for  the claim. The Inverlink case provides an opportunity  to contrast these factors and their relationship  to similar cases.