Acoustic Mktg. Research v. Technics, LLC
In Acoustic Mktg. Research v. Technics, LLC, 198 P.3d 96, 2008 WL 5064753, a case involving lost future royalties, the Colorado Supreme Court held:
"In a breach of contract action, the measure of damages is the amount it takes to place the plaintiff in the position it would have occupied had the breach not occurred.
However, damages are not recoverable for losses beyond an amount that can be established with reasonable certainty.
Recognizing the 'practical difficulties of proving future losses with precision', we have held that a plaintiff seeking future damages must provide the trier of fact with:
'(1) proof of the fact that damages will accrue in the future, and (2) sufficient admissible evidence which would enable the trier of fact to compute a fair approximation of the loss.
In sum, as long as the fact of future loss is certain, the amount of damages awarded may be an approximation."