VII. Damage Related

DAMAGE-RELATED CAUSES OF ACTION

Types for Causes of Action:

  1. Breach of Contract Lost Profits Damages
  2. Contribution
  3. Indemnification from Person Ordering Tort
  4. Interest Awarded on Damages
  5. Punitive Damages Due From Tortfeasor
  6. Recovery or Contribution from Tortfeasor
  7. Tortious Conduct Lost Profits Damages Damages
damage related causes of action in law

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.
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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.
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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.

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