Basic Principles Of Damages Flashcards
1
Q
Plaintiff must prove the fact of damages
A
To a reasonable certainty
2
Q
Plaintiff must prove the amount of damages to a
A
Reasonable certainty
3
Q
Can recover damages that are
A
Natural and probable and not remote.
4
Q
Proximately caused
A
Ordinary course of things would likely be a result there in, whether it could have been anticipated.
5
Q
Injured party has a right to damages based on expectation interest as measured by
A
(A) loss in value to him of the other party’s performance caused by its failure or deficiency plus
(B) any other loss, including incidental or consequential loss caused by the breach less
(C) any cost or other loss that he has avoided by not having to perform