ABSTRACT

As was discussed in Chapter 13, once a party can demonstrate that it is entitled to damages as a result of the other party’s breach of a contract, the party must demonstrate the precise amount of its damages, and the breaching party will have the opportunity to dispute the proffered damage amount. The liable party may be able to reduce the amount of damages that it must pay, either by demonstrating that the other party’s actual damages are not as extensive as claimed, or by showing that the other party could have mitigated the amount of its damages by taking precautionary or remedial measures (as was discussed in Chapter 13).