Section 7 Tort or Contract

• Library: Damages 2012

Frequently, plaintiffs will have to choose whether to proceed on the theory of tort or contract. In making that decision, plaintiffs should weigh the effect their choice will have on the kind of damages they will be able to recover and the differences in proof of those damages. In Ponder v. Angel Animal Hospital, Inc., 762 S.W.2d 846 (Mo. App. S.D. 1988), the plaintiff did not prove any actual damages and was not entitled to nominal damages because she had brought her action under the theory of negligence...