What does reasonably certain mean in a commercial dispute? Being involved in a commercial dispute raises a lot of questions about the various legal jargon and terms that you may encounter over the course of dealing with the conflict. Lost profits could be seen as a potential element of damages in a case involving breach of contract in Arizona. It is important to keep in mind that the fact that such damages could be available does not necessarily establish a right for the wronged party to recover them.
One element of your case that may become important if you decide to move forward with an attorney is the factor of ”reasonable certainty.” Understanding all the relevant legal terms and your responsibility to explain them before you start litigation may give you confidence and peace of mind about your claim while minimizing the chances of being caught off guard. An Arizona business litigation attorney can also help you prepare your case in a compelling manner.
Showing Damages in Court
In order to prove lost profit damages, the plaintiff bears the burden of proof and he or she must show with reasonable certainty that this exists. In many cases, courts have attempted to determine whether this exists by thinking about whether or not the plaintiff has provided sufficient and substantial evidence to make it fair to award damages for the case in question.
Future lost profits must involve some form of measurement based on currently known reliable factors without any unfair or undue speculation. It is not possible, or required, to prove these damages in many cases with mathematical certainty, but the plaintiff does bear the burden of proof to show evidence in support of the potential amount of damages.
What Should I Do If I Have a Commercial Dispute?
As you can see, these situations can be extremely complex. Attempts to define what it means to meet the burden of reasonably certain will usually include phrases like ‘impermissible speculation’, ‘inaccurate estimate’, ‘rational estimate’ or ‘intelligent estimate’. These terms can be somewhat subjective, so the preparation of your case is very important.
In order to handle a case like this, you should consult with a knowledgeable Arizona business litigation attorney. Having someone who understands the various types of interpretation and can help you prepare your case effectively can be extremely important when you are involved in a commercial dispute. Do not hesitate to get advice from an attorney sooner rather than later.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding What Does Reasonably Certain Mean in a Commercial Dispute?, or any other litigation matter, please feel free to contact us at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.