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."
Date of Authorship for this Version
Abrams, Roger I.; Welsch, Donald R.; and Jonas, Bruce, "Stillborn enterprises: calculating expectation damages using forensic economics" (1996). School of Law Faculty Publications. 335.