Breach of Contract Litigation: Categorizing, Proving, and Defending Damages
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will cover strategies and considerations for proving, defending, and maximizing breach of contract damages claims. The panel will examine key categories of recoverable damages, the enforceability of consequential damage waivers and liquidated damages provisions, and defenses that can substantially limit recovery.
Outline
- Introduction
- Contract damages categories
- Expectation (general), consequential (special)
- Reliance
- Restitution, unjust enrichment
- Liquidated, incidental, nominal
- Punitive damages
- Proof requirements
- Causation, foreseeability
- Reasonable certainty (non-speculative)
- Mitigation, documentation, and evidence
- Pleading and disclosures
- Limiting or defending damages claims
- Drafting "no consequential damages" clauses, liability waivers
- Other contractual limitations: damage caps, exclusive remedies
- Challenging causation and foreseeability
- Claiming speculative or unsupported damages
- Claiming failure to mitigate, economic loss rule
- Unjust enrichment and "loss of chance" doctrine
Benefits
The panel will review these and other key issues:
- How to identify and analyze the primary categories of contract damages, including expectation, reliance, consequential, and liquidated damages
- Evaluating the enforceability of consequential damage waivers, liquidated damages provisions, and other contractual recovery limitations
- Understanding key proof requirements such as causation, foreseeability, and reasonable certainty
- Developing strategies to assert or challenge defenses, including mitigation of damages and speculative loss arguments
- Assessing the availability and practical use of alternative remedies such as unjust enrichment and the "loss of chance" doctrine
Faculty
William (Bill) Kalas
Attorney
Foley & Lardner
Mr. Kalas is an associate in the Detroit office and practices in the Business Litigation & Dispute Resolution... | Read More
Mr. Kalas is an associate in the Detroit office and practices in the Business Litigation & Dispute Resolution group. Prior to joining Foley, he was a senior associate at a nationally recognized boutique litigation firm specializing in Class Action and Multi-District Litigation matters. Mr. Kalas also served as a judicial intern for the Honorable George Caram Steeh at the United States District Court for the Eastern District of Michigan. He has experience with all stages of complex litigation — including discovery, motion practice, settlement, and appeals — and is an effective collaborator with both co-counsel and opposing counsel.
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