The Proof Requirement
Dive into proof requirements according to Richard Warner's perspective in this insightful content. Explore the significance and nuances of proofs in various contexts, shedding light on their critical role in establishing truth and validity. Gain a deeper understanding of the complexities and implications surrounding proof requirements in different scenarios.
Uploaded on Mar 07, 2025 | 0 Views
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
The Proof Requirement Richard Warner
The Rule You must prove damages reasonable certainty. Don t prove your damages with reasonable certainty, you don t get them. Some cases where courts as a matter of law held you can t prove damages with reasonable certainty.
Rombola v. Cosindas The promise: By the terms of a written contract with Cosindas, Rombola agreed to train, maintain and race Cosindas s [horse] Margy Sampson . . . for the period November 8, 1962, to December 1, 1963. The breach: On October 25, 1963 . . . Cosindas . . . took possession of the horse at Suffolk Downs and thereby deprived Rombola of his right to race the horse. The horse did not race between October 25 and December 1, 1963. Evidence of loss: In the year of the contract, of the twenty-five races in which the horse was entered by Rombola, she had won ten and shared in the purse money in a total of twenty races, earning, in all, purses approximating $12,000. In the year following the expiration of Rombola's contract with Cosindas, the horse raced twenty-nine times and won money in an amount almost completely consistent percentagewise with the money won during the period of the contract. A track record
The Courts Decision In determining the amount of damages to be awarded, mathematical accuracy of proof is not required. . . . The likelihood of prospective profits may be proved by an established earnings record. . . . Expert opinion may be introduced to substantiate the amount of prospective profits.
The Old New Business Rule The old no longer the law rule: as a matter of law, one cannot prove the lost profits from a new business with reasonable certainty. This is clearly a bad rule. There is evidence on can have.
Loss of Goodwill Some jurisdictions hold that you cannot prove lost profits from loss of goodwill with reasonable certainty.
The reasonable certainty requirement Some typical situations Commercial Non-commercial New business Evidence of lost profits goes to the jury Own track record Other s track record Intermediary-reseller Lost profits typically easy to calculate Contract basis for prediction Manufacturer-buyer Can be problematic to calculate lost profits from failure to deliver goods necessary for manufacturing process Some courts have held loss of goodwill damages cannot, as a matter of law, be proven with reasonable certainty Loss of goodwill
Expectation /Mitigation Money damages inadequate (perhaps the result of proof problems) Proof problems (but money damages adequate) Specific Performance Reliance Return items equitable? Material breach requirement Restitution Rescission
