If someone breached our contract, can I seek recovery of lost profits?
Generally, Texas law does allow a party injured by another party’s breach of their contract to sue for lost profits. “Generally, the measure of damages for breach of a contract is that which restores the injured party to the economic position he would have enjoyed if the contract had been performed. This measure may include reasonably certain lost profits. Lost profits may be in the form of direct damages – that is, profits lost on the contract itself – or in the form of consequential damages – such as profits lost on other contracts resulting from the breach. To be recoverable, consequential damages must be foreseeable and directly traceable to the wrongful act and result from it. Thus, consequential damages are generally not recoverable unless the parties contemplated at the time they made the contract that such damages would be a probable result of the breach.” See AZZ Inc. v. Morgan, 462 S.W.3d 284, 289 (Tex. App. – Fort Worth 2015, no pet.) (citations omitted).
Thursday, February 4, 2016
Subscribe to:
Posts (Atom)
Copyright Notice
Some postings and other related content on this website are the property of The Dietrich Law Firm, and are protected by federal copyright law and other restrictions. The author expressly prohibits the copying of any protected materials on this website, except for the purpose of fair use.
The Dietrich Law Firm © 2019
Powered by Blogger.
Disclaimer
This Blog/Web Site is made available by The Dietrich Law Firm for educational purposes only. It is our intent to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this blog does not create an attorney-client relationship between you and The Dietrich Law Firm. You should not act upon the information on this blog without seeking advice from a lawyer licensed in your own state. Please note that you should not send any confidential information pertaining to potential legal services to The Dietrich Law Firm or any of its attorneys until you have received written agreement to perform the legal services you requested. Unless you have received such written confirmation, we will not consider any correspondence you send us as confidential. The information on the blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. While we try to revise the blog on a regular basis, it may not reflect the most current legal developments. The opinions expressed on this blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
E-mail Policy
The Dietrich Law Firm cannot provide legal advice without first checking for conflicts of interest and entering into a formal, written, attorney-client agreement signed by all parties. Accordingly, we ask that you not send us confidential information by email.
The Dietrich Law Firm
River Oaks Tower
3730 Kirby Drive, Suite 1175
Houston, TX 77098
Popular Posts
-
Can I get out of a contract that I entered into by mistake? Generally, under Texas law, if the other party did not enter into the contract...
-
Is there a limited time within which a plaintiff must file a quantum meruit claim? Yes. As a general matter of Texas law, the statute of ...
-
How does one obtain electronic data during the course of a lawsuit in Texas? In many cases today, electronic data is critically important...
A Parent’s Signature and a Child’s Injury Claim: UATP Management, LLC v. Geter
If I sign a contract with an arbitration clause, can it be enforced against someone I signed for — or by someone who never signed it at all...