7. To qualify for a commercial damage award, the injured party must proof all of the following except

1. Proximate (direct) cause damage was caused by offenders direct actions
2. Reasonable certainty reasonable certain that the injured party would have earned the claimed amount of damages
3. Comparability able to compare the damages to similar damages incurred by the plaintiff
4. Foreseeability prudent person could look into the future and see that the actions of the offender would damage the other party to the litigation

8. In accordance with the Daubert theory, a judge ensures that an experts testimony is

1. Relevant
2. Reliable
3. (a) and (b) only
4. Foreseeable
5. All the above

9. Majority of the states use this approach. With .. approach, the computation of commercial damages include both money invested and other expenses such as increased costs (examples: interest expense, lost profits, and decreased value of the investment)

1. Benefit-of-the-bargain
2. Out-of-pocket
3. Loss of profit
4. None of the above

10. Computation of the benefit-of-the-bargain approach for commercial damages requires at least five factors. Which of the following is not an acceptable factor

1. A method,
2. Damages period,
3. Estimations
4. Definition of profit,
5. Growth rate,
6. Discount rate