The purpose of damages (i.e., a money award from a judge/jury) is to make a plaintiff whole. With a contract case, for instance, the goal is to “restore a plaintiff to the position he would have been in had the contract not been breached.” Lipton Rlty v. St. Louis Housing Authority, 705 S.W.2d 565, 569 (Mo….
Legal Articles
Breach of Contract Damages: Future Lost Profits
A plaintiff needs to show damages to prevail on a breach of contract claim. In many contracts, and often in business contracts, future lost profits will wholly or partially form the basis of a damages request. To obtain lost profits, a plaintiff needs to prove the facts of damages with reasonable certainty and provide an…
Lost Profits, Income, Consequential Damages
Lost profits, income or revenue often form a major component of a plaintiff’s damages in business disputes, contract disputes and employment disputes. Loss of profits generally means the amount of money a plaintiff would have realized but for the Defendant’s conduct. Meridian Enters. Corp. v. KCBS, Inc., 910 S.W.2d 329, 331 (Mo. Ct. App. 1995). For…
Benefit of the Bargain Contract Damages, Lost Profits
If a plaintiff is successful in a breach of contract claim, he/she may recover the “benefit of the bargain,” as well as damages naturally and proximately caused by the breach and damages that could have been reasonably contemplated by the defendant at the time of the agreement. Birdsong v. Bydalek, 953 S.W.2d 103, 116 (Mo. Ct….