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The test of certainty of damages for breach of contract is whether __________. the non-breaching party was reasonably likely to prevail in a lawsuit b.)

The test of "certainty of damages" for breach of contract is whether __________.

  • the non-breaching party was reasonably likely to prevail in a lawsuit
  • b.)
  • it was reasonably clear that the non-breaching party suffered a loss equal to the damages being claimed
  • c.)
  • it was reasonably certain that the non-breaching party made a good-faith effort to execute the contract
  • d.)
  • the non-breaching party made a reasonable effort to mitigate any damages suffered as a result of the breach

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