1 / 15

George Mason School of Law

George Mason School of Law. Contracts II Uncertainty F.H. Buckley fbuckley@gmu.edu. Recall Freund. Royalties too uncertain to be provide a basis for expectation damages. Is Drews any different?. Drews. How to calculate lost profits?. Drews. How to calculate lost profits?

phyllis-reilly
Download Presentation

George Mason School of Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. George Mason School of Law Contracts II Uncertainty F.H. Buckley fbuckley@gmu.edu

  2. Recall Freund • Royalties too uncertain to be provide a basis for expectation damages

  3. Is Drews any different?

  4. Drews • How to calculate lost profits?

  5. Drews • How to calculate lost profits? • Gross profits less cost of obtaining them

  6. Drews • How to calculate lost profits? • Gross profits less cost of obtaining them • Suppose the business is an existing one. Can we assume that the future will resemble the past?

  7. Drews • How to calculate lost profits? • Gross profits less cost of obtaining them • Is there a “new business rule” of non-recovery?

  8. Drews • How to calculate lost profits? • Gross profits less cost of obtaining them • Is there a “new business rule” of non-recovery? • An evidentiary rule, not an absolute bar

  9. Drews • How to calculate lost profits? • Gross profits less cost of obtaining them • Is there a “new business rule” of non-recovery? • What was the evidence here?

  10. Drews • How to calculate lost profits? • Gross profits less cost of obtaining them • Is there a “new business rule” of non-recovery? • Could you ever satisfy the “establish with reasonable certainty” standard for a resto? • Would a marketing forecast help?

  11. Smith v. Penbridge 955 It’s an acquired taste…

  12. Gilroy v. ABC 956

  13. Gilroy v. ABC So he wasn’t a slouch…

  14. Redgrave v. BSO 956

  15. Redgrave v. BSO • What was the basis for the claim?

More Related