Legal Definitions - gain

In legal contexts, gain refers to an increase in value, amount, or benefit, typically financial or economic in nature. It signifies obtaining something of value, such as money, property, or an advantage, beyond what was initially invested, expended, or possessed. The concept of gain is crucial in various areas of law, including criminal law, tax law, and business transactions, often influencing legal obligations, liabilities, or the severity of offenses.

• Criminal Law (Pecuniary Gain):

  A disgruntled employee, seeking revenge and a quick profit, steals confidential client lists from their former company and sells them to a competitor for $50,000.

  Explanation: The $50,000 received from selling the stolen information constitutes a pecuniary gain. In criminal law, this financial motive can be a significant factor in determining the severity of the theft and trade secret misappropriation charges, potentially leading to harsher penalties.

• Tax Law (Realized Gain):

  An individual purchases a rare antique painting for $10,000. Years later, they sell the painting at auction for $75,000.

  Explanation: The difference of $65,000 between the sale price ($75,000) and the original purchase price ($10,000) represents a gain. This realized gain would typically be considered taxable income, and the individual would likely owe taxes on that profit according to tax laws.

• Business/Contract Law (Economic Benefit):

  A construction company bids on a project to build a new community center. They estimate their costs will be $2 million but successfully complete the project for $1.8 million, while still receiving the full contracted payment of $2.5 million.

  Explanation: The company achieved a gain in two ways: first, by completing the project under budget (saving $200,000), and second, by earning a profit of $700,000 ($2.5 million contract minus $1.8 million actual cost). This economic gain is a primary objective in business contracts.