Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics

28 Pages Posted: 11 May 2012

See all articles by Roger Ian Abrams

Roger Ian Abrams

Northeastern University - School of Law

Donald R. Welsch

Jonas & Welsch, P.C.

Bruce Jonas

Jonas & Welsch, P.C.

Date Written: 1996

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.”

Suggested Citation

Abrams, Roger Ian and Welsch, Donald R. and Jonas, Bruce, Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics (1996). Ohio State Law Journal, Vol. 57, No. 3, 1996, Available at SSRN: https://ssrn.com/abstract=2056308

Roger Ian Abrams (Contact Author)

Northeastern University - School of Law ( email )

416 Huntington Avenue
Boston, MA 02115
United States

Donald R. Welsch

Jonas & Welsch, P.C. ( email )

United States

Bruce Jonas

Jonas & Welsch, P.C. ( email )

United States

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