How are Contract damges to be calculated under new york law?

Question

Citation of case?

I need citations of case under new york law..

Answer 1

You are entitled to be "made whole". That is, your damages are the amount of money you would have had if the contract hadn't been breached.

You're not going to make a profit, just be recompensed for your losses.

The exception to that is punitive damages, which require what's called an "intentional tort" - a deliberate bad act on the part of the person who damaged you. They are calculated by the jury to be sufficient to punish the actor, and deter him from doing the same again.

Punitive damages are ALMOST never awarded in contract cases. The rare occasions that they are are almost invariaby cases where one party entered into a contract with an intent to defraud from the very beginning.

Richard