Risalat al-huquq Journal

Our study addressed the concept of 'profitable error,' which was initially rooted in English jurisprudence and has cast its shadow over several laws. Some jurisdictions have adopted it and issued rulings based on it, while others are still exploring mechanisms for its application, recognizing it as a legal reality that cannot be overlooked. This concept has revealed gaps in the long-established civil liability system, which has had stable rulings for many years.
The evolution of human thought and the increasing tendency to prioritize personal interests over ethical and legal principles have led to the emergence of a new type of error, namely the profitable error. The perpetrator of this error seeks to obtain profits and gains through unlawful means, disregarding the financial burdens imposed by law as penalties for their actions, since the anticipated gains far exceed the expected penalties. Consequently, the purpose of civil liability has become threatened by its ineffectiveness, with some even describing it as enticing for offenders due to its lack of deterrent elements.
Therefore, there is an urgent need to revisit civil liability rulings to combat this type of error by revitalizing its punitive and deterrent functions, in addition to its remedial role in compensating for harm. This can be achieved through the imposition of a specific type of punitive damages, known as punitive compensation, aimed at deterring such profitable errors.