Legal Definitions - amende profitable

Amende profitable is a legal concept originating from Roman-Dutch law, primarily applied in cases involving defamation. It describes a specific form of reparation where a defendant, found responsible for defaming another party, pays a sum of money to the plaintiff.

The distinctive feature of an amende profitable is that the plaintiff formally states under oath that the agreed-upon sum, while acceptable for resolving the dispute, is actually less than what they believe would constitute full and complete compensation for the harm they suffered. Essentially, it's a partial payment accepted by the plaintiff, who acknowledges it doesn't fully cover their damages but agrees to it as a means to conclude the legal action.

Here are some examples to illustrate this concept:

• Example 1: Public Figure Seeking Swift Resolution

  A prominent local business owner (the plaintiff) is the subject of a newspaper article that contains a minor factual error, which, while not severely damaging, causes them some embarrassment and slightly questions their professional integrity. The business owner believes the reputational harm is worth a significant sum. However, to avoid a lengthy and public court battle that could draw more attention to the false claim, they agree under oath to accept a specific, smaller monetary payment from the newspaper (the defendant). They explicitly state that while this amount does not fully compensate them for the damage to their public image, it is sufficient for them to drop the lawsuit and move forward.

  This illustrates an amende profitable because the defendant pays a sum, and the plaintiff, under oath, accepts this sum while acknowledging it is less than what they believe would be full satisfaction for the defamation.

• Example 2: Small Business Dispute and Pragmatic Settlement

  An online craft seller (the plaintiff) discovers that a competitor (the defendant) has spread false rumors on social media about the quality and safety of their products, leading to a noticeable drop in sales and customer trust. The craft seller calculates their actual financial losses and reputational damage to be substantial. However, recognizing that a full-scale lawsuit would be costly and time-consuming for both parties, and potentially bankrupt the competitor, the craft seller offers to accept a specific, lower settlement amount. They make a sworn statement that while this sum does not fully cover all their losses and the emotional distress caused, it represents a pragmatic and acceptable resolution to the dispute.

  Here, the plaintiff accepts a specific, lower sum under oath, acknowledging it's not full compensation but a practical resolution to avoid further litigation and achieve closure.

• Example 3: Professional Reputation and Symbolic Vindication

  A university professor (the plaintiff) is defamed by a former colleague (the defendant) who falsely accuses them of academic misconduct in an email circulated among department heads. The professor's primary goal is to clear their name and receive an acknowledgment of the wrongdoing, rather than to maximize financial recovery. They agree under oath to accept a relatively small, symbolic monetary payment from the former colleague. The professor explicitly states that while this amount does not fully quantify the potential long-term damage to their career and professional standing, it serves as an acceptable form of redress and allows them to achieve vindication and move past the incident.

  This example demonstrates an amende profitable as the plaintiff prioritizes resolution and an acknowledgment of wrongdoing, accepting a sworn-to amount that is less than full financial satisfaction for the harm caused.