Mitigating Damages and Certainty - April 3

Question 1

Are damages recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty? (R)

Answer 1

No. Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty. (352)

Question 2

Are damages recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation. (R)

Answer 2

No, damages are not recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation. However, there are some exceptions. (350)

Question 3

What are the exceptions to damages not being recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation. (R)

Answer 3

The injured party is not precluded from recovery by the rule stated in Subsection (1) to the extent that he has made reasonable but unsuccessful efforts to avoid loss. (350)

Question 4

When will recovery for emotional disturbance not be excluded? (R)

Answer 4

Recovery for emotional disturbance will be excluded unless the breach also caused bodily harm or the contract or the breach is of such a kind that serious emotional disturbance was a particularly likely result. (353)

Question 5

When are punitive damages recoverable for a breach of contract? (R)

Answer 5

Punitive damages are not recoverable for a breach of contract unless the conduct constituting the breach is also a tort for which punitive damages are recoverable. (355)