Bereicherungsrecht, Vorteilsausgleichung und Schadensweiterwälzung

The purpose of this thesis is to examine whether the mitigation of damages by benefits received is permissible in the context of the German law on unjust enrichment. This issue becomes particularly relevant in regards to vertical delivery relationships in conjunction with the problem of the transfer of damage to the next market level. In this investigation, the question of whether profits in the context of the German law on unjust enrichment can be taken into consideration is crucial. On the basis of this question, this thesis deals with the dogmatics of the law of unjust enrichment in detail and takes into account the case law on this subject. Finally, having provided a comprehensive interpretation, this thesis concludes that in the context of the law on unjust enrichment, the consideration of profits and thus, the mitigation of damages by benefits received is only permissible, and necessary, if the law is developed beyond its current boundaries.