I. BREACH OF CONTRACT LOST PROFITS DAMAGES
Elements to prove:
- the damages resulted or were caused by the breach;
- the plaintiff’s losses may be proved with reasonable certainty; and
- the parties fairly contemplated the damages in question at the time the contract was entered into by the parties.
II. CONTRIBUTION
Elements to prove:
- by a party;
- who has made payment on a liability; and
- 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:
- there is an express contract for indemnification, or
- an implied obligation:
- 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.
Search the site:
IV. INTEREST AWARDED ON DAMAGES
To recover interest the elements to prove:
- upon a sum awarded because of;
- a breach of performance of a contract;
- an act or omission depriving or otherwise interfering with title to; or
- possession or enjoyment of, property; and
- 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:
- to punish a defendant;
- for wanton and reckless;
- malicious acts; and
- to protect society against similar acts.
VI. RECOVERY OR CONTRIBUTION FROM TORTFEASOR
The elements to prove for tortfeasor to be liable for all injuries:
- are the natural and proximate consequences; and
- results of the defendant’s wrongful act or omission;
- although they could not have been foreseen.
VII. TORTIOUS CONDUCT LOST PROFITS DAMAGES
The elements to prove:
- a reasonable certainty to plaintiff’s damages; and
- 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.