Certainty: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, “Damages are not recoverable for loss beyond an amount that the evidence […]

The topic of this podcast by Professor Scott J. Burnham is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, “Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.” The podcast discusses what certainty requires and the purpose behind certainty. It further discusses when certainty might apply – such as in cases involving a new business or lost royalties – methods of proving certainty, and how certainty is treated in the courts. Several hypotheticals are explored, as is the case Freund v. Washington Square Press.

Learning Outcomes

On completion of the podcast, the student will be able to:

1. Explain the concept of certainty in computing contract damages.

2. Identify when certainty is applicable.

3. Apply the certainty requirement.

A transcript of this podcast is here.