LOP-03
Breach of Contract Lost Profits Expert Witness
Expert quantification of lost profits arising from breach of contract — lost revenue from terminated contracts, lost profits from anticipated contracts, wasted expenditure, reliance loss, and expectation loss. Distinction between expectation, reliance, and restitution damages modelled where relevant.
What This Covers
Scope of Analysis
- Expectation loss — lost profits from the bargain
- Reliance loss and wasted expenditure
- Anticipated contract and pipeline analysis
- Terminated supply and distribution agreements
- Mitigation and alternative transaction analysis
When You Need This
Typical Instructions
- Terminated commercial contracts with ongoing profit streams
- Failed joint ventures and partnership disputes
- Distribution and franchise agreement breaches
- Supply chain contract termination claims
Our ApproachReport Standards CPR Part 35 · FRE Rule 702 / Daubert · IBA Rules Engagement Type Single party · SJE · Tribunal-appointed · Advisory Forums High Court · Commercial Court · ICC · LCIA · SIAC · ICSID · US Federal
Methodology & Delivery
“We model the profits that would have been earned under the contract but for the breach, and assess whether the claimant mitigated — or could have mitigated — the loss through alternative arrangements.”
Related Services
Common Questions
- What is the difference between expectation loss and reliance loss?
- Expectation loss puts the claimant in the position they would have occupied had the contract been performed — typically lost profits from the bargain. Reliance loss restores expenditure wasted in reliance on the contract. Experts model both where the instructing party or the governing law requires comparison.
- What is the before and after method for loss of profits?
- The before and after method (also called the before and after approach) is a loss of profits quantification methodology that compares the financial performance of a business before the event that caused the loss with its performance after the event. The difference in revenue or profit — adjusted for non-event factors — represents the loss. It is most commonly used where the claimant has a reliable pre-event trading history.
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