Can You Recover Lost Profits in a Breach of Contract Case?
September 28, 2018From a legal standpoint, lost profits are essentially pre-tax profits that a company would have earned if not for the conduct of a defendant. Arizona law permits recovery of lost profits in breach of contract claims; however, establishing lost profits damages can be difficult for both established and new businesses…
DetailsWhat is a Liquidated Damages Clause in a Contract?
September 26, 2018One of the ways to help reduce risk in a commercial contract is the inclusion of a liquidated damages clause that specifies an estimated payment for any resulting damages from a breach of that contract. Once the types of breaches are defined in the contract terms, the monetary damages to be set are the parties’ […
DetailsHow Does Discovery Work in Business Litigation?
August 23, 2018Discovery can occur before, during, and after a lawsuit. Parties can obtain deposition testimony or other discovery before a lawsuit is even filed if it is necessary to preserve evidence, under rule 27 of the Arizona Rules of Civil Procedure. For example, a key witness may be preparing to leave the country before t…
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