Natural and Probable Consequences

In a situation where a CAUSE OF ACTION is complete, prospective damages reasonably certain to ACCRUE may be recovered as part of the natural and probable consequences of the defendant's action.

Breach of Contract Prospective damages are recoverable in cases involving an ANTICIPATORY REPUDIATION of contract. If the breach does not serve to discharge the entire contract but rather gives rise to subsequent actions, future damages must be recovered in successive actions. This type of situation might arise in an action for breach of a lease for the rental of an apartment in which the breach occurs during the fourth month of a twelve-month lease. Successive actions will have to be brought for the breach occurring from the fifth to twelfth months.

Torts Damages in tort actions are not limited to the period that ends with the institution of the lawsuit. In an action for personal injury, for example, the jury can properly consider the potential consequences of an injury that might require a major operation at some time in the future in assessing the present value of an injury as opposed to future damages. Damages can be awarded to a plaintiff who has adequately established that there will be future effects from an injury precipitated by the defendant's misconduct. The amount of certainty required in the assessment of future damages varies from one jurisdiction to another; however, no recovery can be permitted for the mere possibility of future consequences of harm inflicted by the defendant.

Damage to Property All types of damages, including past, current, and prospective, can be recovered in a single action for permanent damage to or TRESPASS on real estate. If the cause of the injury can be abated through an expenditure of labor or money, future damages will not be recovered.