Wayne breaches a contract with Tim causing damages of $25,000 in lost profits, when damages under ordinary circumstances would be $17,000 . Explain under what circumstances a court would award $25,000
If a plaintiff's expected profit is extraordinarily large, the general rule is that the breaching party will be liable for such special loss only if he had reason to know of it. In any event, the plaintiff may recover for any ordinary loss resulting from the breach. If Wayne was, at the time of contracting, made aware of the special circumstances causing Tim the unusually large loss, he would be liable for the $25,000 . Otherwise, Wayne would be liable only for the ordinary loss of $17,000.
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