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Law Offices of Jonathan M. Cooper

Why is it hard to prove lost profits in a NY breach of contract case?


One of the biggest challenges that claimants typically face when trying to prove their damages in a breach of contract case is the profits that they lost as a direct result of the other party's breach of the agreement, which, not surprisingly, is referred to as "lost profits." The reason that this element of damage may be hard to establish is that the plaintiff needs to demonstrate - within accepted evidentiary standards, i.e., without undue speculation - that those profits likely would have materialized but for the defendant's breach of the contract.