Section 1 General Overview

• Library: Damages 2012

Loss of anticipated profits is an element of damages that should be considered and analyzed in many contract and tort cases involving damage to persons, property, or businesses. Historically, trial and appellate courts were naturally suspicious of lost profit claims, and they not only repeated, but often followed, the “stringent” requirements of “reasonable certainty” and no “speculation” in judging plaintiffs’ claims. See, e.g., Morrow v. Mo. Pac. Ry. Co., 123 S.W. 1034, 1039–40 (Mo. App. S.D. 1909)...