July 2, 2015

Contracts and damages for lost profits.

Practice point:  Where a plaintiff seeks to recover damages for lost profits, those profits must be within the parties' contemplation at the time the contract was entered into. While they must be proven with reasonable certainty, damages resulting from the loss of future profits are often an approximation.

Student note:  To prevail on a cause of action alleging breach of contract, a plaintiff must demonstrate that it sustained actual damages as a natural and probable consequence of the defendant's breach.

Case:  Family Operating Corp. v. Young Cab Corp., NY Slip Op 05437 (2d Dept. 2015)

Here is the decision.

Monday's issue: A minority shareholders' action.