Section 4.8 Certainty
| Library | Contracts 2016 Supp |
2. (§4.8) Certainty
The Restatement (Second) of Contracts (1981) confirms the accepted rule in Missouri that, in breach of contract cases, “[d]amages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.” Restatement (Second) of Contracts § 352. In these cases, “certainty” means the certainty that damages have been suffered by a party to the contract and not the proof of the amount of
those damages with a mathematical certainty. City of Kennett v. Katz Const. Co., 202 S.W. 558 (Mo. 1918). This is reasonable certainty rather than absolute...
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