Section 1 Contract Damages in General

• Library: Damages 2012

In contract cases, the appropriate measure of damages is a question of law to be determined by the trial court. Gee v. Payne, 939 S.W.2d 383 (Mo. App. W.D. 1997); Birdsong v. Bydalek, 953 S.W.2d 103 (Mo. App. S.D. 1997). The particular facts and circumstances of each case determine the appropriate measure of damages. Gee, 939 S.W.2d 383. Generally speaking, in an action for breach of contract, the plaintiff has available three types of damages:

1. Actual damages (damages that are compensatory and measured by...