• 2004 - Loss of Profits as Damages
  • C-74.06
    • Contracts
    • Damages
    • Damages
  • A person may recover damages for loss of profits if the amount is reasonable and not speculative. When evidence is offered estimating anticipated profits with reasonable certainty, damages for lost profits may be awarded. [In determining anticipated profits, you must reduce the contract price by the amount the person would have spent to perform the contract. However, in determining the cost of performing the contract, you should not deduct “overhead expenses” if the evidence established those expenses would have been incurred whether or not the contract was breached.] * * * * *
    • Leingang v. City of Mandan Weed Board, 468 NW2d 397 (ND 1991)
  • Notes: