Section 14 Damage to Property or Business

• Library: Damages 2012

The Coonis v. Rogers, 429 S.W.2d 709 (Mo. 1968), rule requiring reasonable certainty and sufficient facts to avoid speculation or conjecture, see §14.4, supra, is consistently applied in cases involving tortious damage to businesses or property. Except in cases of unproven businesses, described in §14.15 below, the general rule in tort cases also applies in these cases.

While lost profits may result from many different business torts such as trade libel or antitrust violations, the most common situation is in the area of misrepresentation. An example is Hanes v. Twin Gable Farm, Inc., 714 S.W.2d 667 (Mo. App. W.D. 1986), in which the plaintiff claimed that the defendant had misrepresented the breeding ability of a bull that...