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FL · jury_instructions

Fla. Std. Jury Instr. (Contract & Bus.) 504.3

LOST PROFITS

activein force · 2025-10-29 – presentact-effective-date

To be entitled to recover lost profits, (claimant) must prove both of the following:

1. (Defendant’s) actions caused (claimant) to lose profits; and

2. (Claimant) can establish the amount of [his] [her] [its] lost profits with reasonable certainty.

For (claimant) to establish the amount of [his] [her] [its] lost profits with reasonable certainty, [he] [she] [it] must prove that a reasonable person would be satisfied that the amount of lost profits which [he] [she] [it] may be entitled to recover is not simply the result of speculation or guessing. Instead, (claimant) must prove that there is some standard by which the amount of lost profits may be established. (Claimant) does not have to be able to prove that the amount of lost profits can be calculated with mathematical precision as long as [he] [she] [it] has shown there is a reasonable basis for determining the amount of the loss.

[Even though (claimant’s) business is not established or does not have a “track record,” [he] [she] [it] still may be able to establish the amount of lost profits which [he] [she] [it] may be entitled to recover if [he] [she] [it] proves that there is some standard by which the amount of lost profits may be established.]

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
555e5126b99b417223fec5fe275c4937aedfec090303d0909021875e05122f95
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