A party is entitled to recover lost profits in a breach of contract action when “(1) they are within the contemplation of the parties at the time the contract was made, (2) they are the proximate result of defendant's breach and (3) they are proven with reasonable certainty.” Tiegs v. Watts, 135 Wn.
These damages are designed to compensate the non-breaching party for the financial losses they incurred due to the breach. The calculation typically involves determining the difference between the value of what was promised in the contract and what was actually received.
The relevant criteria are: There is a legally binding contract. The other party has failed to perform their duties under the contract. You have suffered loss as a result of the breach. The breach occurred within the last 6 years. Collating and preserving evidence. Reserving your rights. Taking legal advice.
In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.
Breach of contract damages generally cannot exceed four times the actual losses, but everything depends on the facts of your specific case. Your lawyer can identify whether you can recover these damages in your case.
As a result, the default remedy available for a breach of contract is monetary damages . Generally, these damages are limited to what is listed in the contract and, unlike damages from tort cases, courts do not award punitive damages for breaches of contract.
Expectation damages can be calculated by comparing: the financial position that the claimant would have been in absent any breach (i.e., if the respondent had performed the contract) (the 'but-for position'); and. the financial position the claimant is actually in given the effects of the breach (the 'actual position').
1. Compensatory Damages. Compensatory damages compensate the non-breaching party for the actual financial losses suffered as a direct result of the breach of contract. The goal is to place the non-breaching party in the same position they would have been in if the contract had been fulfilled.