Section 10 Rules in Specific Cases

• Library: Damages 2012

In applying the rules discussed above, the courts have developed some more particular rules to cover specific types of factual situations.

Thus, in construction contract cases in which the owner wrongfully prevents the builder from performing, the measure of damages is the lost profits, which is calculated by determining the contract price less the amount it would have cost the contractor to perform the contract. See, e.g., Juengel Constr. Co. v. Mt. Etna, Inc., 622 S.W.2d 510, 514 (Mo. App. E.D. 1981); Sides v. Contemporary Homes, Inc., 311 S.W.2d 117, 120 (Mo. App. E.D. 1958).

On the other hand, when a purchaser refuses to purchase land, the measure of damage is simply the difference between the contract price...