Damages have to be certain, foreseeable and unavoidable.
Certainty - To be compensable, lost profits must be shown with reasonable certainty.
Foreseeability - The breaching party must have been able, at the time of the contract formation, to reasonably have foreseen the loss its breach could ultimately cause.
- UnAvoidable - breaching parties are not liable for damages that the non-breaching party could have avoided.
- HOWEVER a non-breaching party does not have to mitigate if to do so would require undue risk, burden or humiliation.
No emotional distress or Punitive Damages in Contract Damages