CA · jury_instructions
CACI No. 352
Loss of Profits—No Profits Earned
To recover damages for lost profits, [name of plaintiff] must prove that it
is reasonably certain [he/she/ nonbinary pronoun/it] would have earned
profits but for [name of defendant]’s breach of the contract.
To decide the amount of damages for lost profits, you must determine
the gross, or total, amount [name of plaintiff] would have received if the
contract had been performed and then subtract from that amount the
costs [including the value of the [labor/materials/rents/expenses/interest
on loans invested in the business]] [name of plaintiff] would have had if
the contract had been performed.
Y ou do not have to calculate the amount of the lost profits with
mathematical precision, but there must be a reasonable basis for
computing the loss.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
97545d7eda7255335f7f2f53c1ed8ff0a6ed273a4f75c6e539ae13fefc065a21
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