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Law Offices of Jonathan M. Cooper

Q:
How do I prove damages with reasonable certainty following a New York breach of contract?

A:

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Proving a breach of contract claim in New York requires solid evidence. If your lawsuit relies on mere speculation in order to demonstrate the amount of harm suffered, you may not succeed in your claim. Fortunately, an experienced breach of contract attorney in New York can guide you through the process of building a strong case following a breach.

Recently, Time Warner was accused by a TV station manager of breaching a contract between the parties after changing the station’s channel to a higher number. A case like this is a good example of how important it is to prove damages with reasonable certainty. To avoid accusations that a claim for damages is based upon speculation, the TV station manager should consider the following:

  • Evidence that shows fewer new viewers find the channel, now that it has a higher channel number.
  • Evidence that shows the station is less able to attract advertisers.
  • Evidence that demonstrates former viewers of the channel no longer watch, or watch less frequently, now that the channel has a higher number.
  • Evidence that demonstrates the station has lost revenue as a direct result of the channel change.

The important part of building a case that proves your damages with reasonable certainty is to use known, reliable factors that show the losses suffered. If the party to your contract breached the agreement, the Law Office of Jonathan M. Cooper can help. Contact a knowledgeable New York breach of contract attorney for guidance preparing a successful case against the other party. Call our office today at (888) 497-3410.