VII. Damage Related

I. BREACH OF CONTRACT LOST PROFITS DAMAGES

Elements to prove:

  1. the damages resulted or were caused by the breach;
  2. the plaintiff’s losses may be proved with reasonable certainty; and
  3. the parties fairly contemplated the damages in question at the time the contract was entered into by the parties.

II. CONTRIBUTION

Elements to prove:

  1. by a party;
  2. who has made payment on a liability; and
  3. when all the essential elements of a cause of action against the proposed contributor can be made out.

III. INDEMNIFICATION FROM PERSON ORDERING TORT

Elements to prove:

  1. there is an express contract for indemnification, or
  2. an implied obligation:
    1. an obligation to indemnify may arise where there is a duty between the party that is found liable and the party from who indemnification is being sought.

IV. INTEREST AWARDED ON DAMAGES

To recover interest the elements to prove:

  1. upon a sum awarded because of;
    1. a breach of performance of a contract;
    2. an act or omission depriving or otherwise interfering with title to; or
    3. possession or enjoyment of, property; and
  2. except that a court shall award interest in an action of an equitable nature at its discretion.

V. PUNITIVE DAMAGES DUE FROM TORTFEASOR

The elements to prove for punitive damages to be awarded:

  1. to punish a defendant;
  2. for wanton and reckless;
  3. malicious acts; and
  4. to protect society against similar acts.

VI. RECOVERY OR CONTRIBUTION FROM TORTFEASOR

The elements to prove for tortfeasor to be liable for all injuries:

  1. are the natural and proximate consequences; and
  2. results of the defendant’s wrongful act or omission;
  3. although they could not have been foreseen.

VII. TORTIOUS CONDUCT LOST PROFITS DAMAGES

The elements to prove:

  1. a reasonable certainty to plaintiff’s damages; and
  2. a causal connection or relationship between the damages and defendant’s negligence.

the above is an abstract from the Encyclopedia of New York Causes of Action by Ernest Edward Badway, 2018 edition.