Abstract

In this jointly-authored article, Dean Abrams and forensic economists Donald Welsch and Bruce Jonas explain how the tools of forensic economics can be used to calculate expectation damages for stillborn enterprise. A breach of contract or tortuous misconduct may prevent a business from beginning operations. Courts are often asked to determine what damages have been suffered, but without a track record of performance that determination is often left uncertain. This article offers a formula that lawyers and experts can use to make these determinations with “reasonable certainty.”

Notes

Originally published in 57 Ohio St. L.J. 809 (1996).

Keywords

forensic economics

Publisher

Ohio State University Moritz College of Law

Publication Date

1996

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