Section 17 Requisite Proof

• Library: Damages 2012

Of course, continuing damages are, in effect, future damages subject to the same demands of proof beyond speculation and conjecture, as more fully explored in several of the preceding chapters of this deskbook in discussing particular tort and contractual actions.

The reading of “capable of ascertainment” as referring to the fact of damage rather than to the precise amount was applied in a claim against an attorney for alleged negligence, even though the court recognized that the client could not have proved...