R2d § 352
Uncertainty as a Limitation on Damages
Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.
Professor's notes
Element: damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.
Reasonable certainty, not mathematical certainty.
Common misunderstanding: students think uncertainty defeats damages entirely. The rule is degree-graded. Courts tolerate considerable uncertainty about AMOUNT once the FACT of loss is shown. Lost profits for new ventures are the classic battleground: modern courts increasingly accept expert evidence, market comparables, and similar-business data. The certainty requirement is a fairness rule, not a bar to recovery; the burden is just to provide a reasonable basis.
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R2d § 352. Uncertainty as a Limitation on Damages.
Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.