541 So. 2d 569 - Berry v. Morris’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[T]he uncertainty which prevents a recovery is uncertainty as to the fact of the damage and not as to its amount and . . . where it is reasonably certain that damage has resulted, mere uncertainty as to the amount will not preclude the right to recovery or prevent a jury decision awarding damages. This view has been sustained where, from the nature of the case, the extent of the injury and the amount of the damage are not capable of exact and accurate proof. Under such circumstances, all that can be required is that the evidence — with such certainty as the nature of the particular case may permit — lay a foundation which will enable the trier of facts to make a fair and reasonable estimate of the amount of damage. The plaintiff will not be denied a substantial recovery if he has produced the best evidence available and it is sufficient to afford a reasonable basis for estimating his loss. "”

   1 later decision quote this exact passage
   e.g. Ricwil, Inc. v. S.L. Pappas and Co., Inc.

2. “damages for breach of contract need not be assessed with mathematical precision.”

   1 later decision quote this exact passage
   e.g. Ricwil, Inc. v. S.L. Pappas and Co., Inc.