Section 17 Recovery of Expenses and Overhead

• Library: Damages 2012

Often joined with and conceptually similar to a claim of loss of profits is a claim for expenses or overhead, which are permitted in Missouri by statute. Section 400.2‑708, RSMo 2000, acknowledges that loss of profits and reasonable overhead are recoverable in nonacceptance or repudiation cases.

The appropriate standard to determine whether additional expenses, including overhead, can be recovered is whether the damages will place the innocent party in the position it would have been but for the breach. See,...