As the sayings have it “a right without remedy is not a right” and “a right will be a right only if accompanied by remedy”. The litigation system shall be equipped with appropriate procedure and mechanics for people to assert and protect their rights. However, given the absence of an objective and equitable standard for calculating amount of damages in the court trial, disputes arise as to the calculation of “lost profit” as part of the compensation for damages either in contract or tort lawsuits. This research paper explores the issue of measurability and proposes methods for calculating lost profits based on the working of expert witness system of US and Japan and the academic discussion on the “profit” under Art. 216 of the Civil Code and also referencing to the relevant court cases.