Section 27 Damages

• Library: Consumer Law and Practice 2010

As set forth in § 407.025.1, RSMo 2000, a private party may recover actual damages, and "[t]he court may, in its discretion, award punitive damages and may award to the prevailing party attorney's fees, based on the amount of time reasonably expended, and may provide such equitable relief as it deems necessary or proper." Additionally, the court in Ullrich v. CADCO, Inc., 244 S.W.3d 772, 779 (Mo. App. E.D. 2008), held that a party may also recover consequential damages, which "are those damages naturally and proximately caused by the commission of the breach and those damages that reasonably could have been contemplated by the defendant at the time of the parties' agreement." The court reasoned that:

Missouri courts have...