Answer: Potentially in situations where damages would far exceed a contractual "damages cap."
Purchase agreements commonly include contractual limitations on the potential liability of breaching parties, absent fraud or other wrongful behavior. These “damages caps” generally set a party’s liability at a fixed amount and serve to protect the breaching party from unexpected or excessive claims for damages in later litigation. In a recent summary order, the 2nd U.S. Circuit Court of Appeals suggested that, in instances where a party is liable for contract damages that are capped at the bargained-for amount, neither the plaintiff nor the court needs to calculate the amount of such damages with precision.