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CACI 352

What Is Contract Damages for Loss of Profits Where No Profits Earned Law in California

Personal Injury Lawyers

What is the Law in California for Contract Damages for Loss of Profits Where No Profits Earned- California Civil Jury Instruction CACI 352

California Law

CA Civil Jury Instructions

CACI 352 - Contract Damages for Loss of Profits Where No Profits Earned

As of September 1, 2010

California Civil Jury Instruction CACI 352

352. Loss of Profits—No Profits Earned

To recover damages for lost profits, [name of plaintiff] must prove

that it is reasonably certain [he/she/it] would have earned profits

but for [name of defendant]’s breach of the contract.

To decide the amount of damages for lost profits, you must

determine the gross, or total, amount [name of plaintiff] would have

received if the contract had been performed and then subtract

from that amount the costs [including the value of the

[labor/materials/rents/expenses/interest on loans invested in the

business]] [name of plaintiff] would have had if the contract had

been performed.

You do not have to calculate the amount of the lost profits with

mathematical precision, but there must be a reasonable basis for

computing the loss.

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