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4.5-8  Damages - Lost Profits

Revised to January 1, 2008

Any damages you award on the __ count may include the plaintiff's lost profits.  The plaintiff must prove that it is reasonably certain that the plaintiff would have earned those profits but for the defendant's breach.  The plaintiff cannot recover for the mere possibility of making a profit.  In addition, the evidence must afford you a sufficient basis for estimating the amount of lost profits with reasonable certainty.

[<If plaintiff also claims future lost profits:>  The plaintiff also claims lost profits for the future, until <insert date>.  That time period for awarding future lost profits must be reasonable and supported by the evidence.]

Authority

Cheryl Terry Enterprises, Ltd. v. Hartford, 270 Conn. 619, 639 (2004); Beverly Hills Concepts, Inc. v. Schatz & Schatz, Ribicoff & Kotkin, 247 Conn. 48, 68-78 (1998); Robert S. Weiss & Associates, Inc. v. Wiederlight, 208 Conn. 525, 541-43 (1988); Stern & Co. v. International Harvester Co., 148 Conn. 527, 533-34 (1961); Steeltech Building Products, Inc. v. Edward Sutt Associates, Inc., 18 Conn. App. 469, 472 (1989).

Notes

If the plaintiff seeks both past and future lost profits, you may need to do separate instructions for each of those components.  For example, interest cannot be awarded on future lost profits.
 


 

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