Section 12 Tort Cases

• Library: Damages 2012

In tort cases, there is no ruling limiting loss of profits corresponding to the rule in contract cases that damages must be the natural consequence of the breach or within the contemplation of the parties. In tort cases, the only limit is that the damages must be as a direct result of the occurrence. MAI 4.01 [2002 Revision]. In Missouri, it
is sufficient if the wrong was a substantial factor in causing the
loss. Ricketts v. Kansas City Stock Yards Co. of Me., 484 S.W.2d 216, 221–22 (Mo. banc 1972). Even if the tortfeasor neither foresaw nor should have foreseen the extent or manner of the harm, the tortfeasor is still liable for the harm. Restatement (Second) of Torts § 435 (1965).

While this appears to be the general rule, there may be certain torts in which the court applies the contract rule. In Hanes v. Twin Gable Farm, Inc., 714 S.W.2d 667, 670 (Mo. App. W.D. 1986) (quoting 37 C.J.S. Fraud § 141, p. 465 (1943)) (citing Salmon v. Brookshire, 301 S.W.2d 48, 54 (Mo. App. W.D. 1957)), the court cited the following...