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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

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Is Drews any different?

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Drews

How to calculate lost profits?

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Drews

How to calculate lost profits? Gross profits less cost of obtaining them

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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?

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Drews

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

recovery?

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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

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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?

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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?

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Smith v. Penbridge 955

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It’s an acquired taste…

Gilroy v. ABC 956

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Gilroy v. ABC

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So he wasn’t a slouch…

Redgrave v. BSO 956

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Redgrave v. BSO

What was the basis for the claim?

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