Section 5 Fact of Loss

• Library: Damages 2012

In both tort and contract cases, the plaintiff must prove with reasonable certainty that the defendant’s unlawful conduct caused, in fact, some loss of profit. Coonis v. Rogers, 429 S.W.2d 709, 714 (Mo. 1968); Restatement (Second) of Contracts § 352 (1981). As stated in Coonis, there is the requirement that the plaintiff prove that a loss of profits “resulted directly and proximately from the wrongful acts.” Coonis, 429 S.W.2d at 714.

Courts have used different language in describing the level of proof...