Albany Law Review, Volume 74, Number 2
2010/2011 view as PDF
A party that establishes a breach of contract claim may recover benefit of the bargain damages to put it in the position it would have enjoyed had the contract not been breached. Such damages may include the profits the party would have made had the contract been fully performed.
The party seeking lost profits usually presents the testimony of an expert who has constructed a damage model that the expert claims shows the profits the non-breaching party would have made had the breach not occurred. The claimed lost profits can be general damages (the profits the party would have made in the performance of the breached contract), consequential damages...
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