New York
How Eisenberg v. California applies in New York: state-specific rules, key cases, and bar exam notes for Remedies.
New York law permits a plaintiff to recover damages for breach of contract using the principle that loss of expected profits can be claimed if they are reasonably foreseeable. The emphasis is on the opportunity to present adequate evidence regarding those lost profits.
In New York, damages for lost profits are recoverable if the plaintiff can demonstrate that such damages were within the contemplation of the parties and that they can be calculated with reasonable certainty.
The court held that lost profits must be proven with reasonable certainty, requiring evidence that the profits were not speculative.
Damages for lost profits are recoverable if the plaintiff can show a direct causal connection between the breach and the loss.
The court emphasized the importance of providing concrete evidence of lost profits rather than mere speculation to recover damages.
New York's approach aligns with federal principles under the Restatement (Second) of Contracts, which also mandates that lost profits must be proven with reasonable certainty. However, federal courts may place a slightly greater burden on plaintiffs to establish the foreseeability of the lost profits, while New York courts focus more on the evidentiary standards involved.
Eisenberg v. California principles are relevant in New York bar exams, particularly in the context of damages under contract law, where students should address both the calculation and the proof of lost profits.