Stillborn Enterprises: Calculating Expectation Damages Using Forensic Economics
28 Pages Posted: 11 May 2012
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: 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
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