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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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What does a judge look for when determining damages when a

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What does a judge look for when determining damages when a record label breaches a contract with a recording artist?

Thank you for your question.

Damages for breach of contract fall into several different categories:

1. Expectation Damages - this is the value of the performance that you expected to receive. So in this case, the value of the performance of the record label contract. To answer this, I have to know what the record label promised to do in its contract.

2. Lost profits and past lost profits - this would be your main source of damages since the artist would be expecting to make a profit from the sale of the record/sale of tickets to shows.

3. Reliance damages - if the artist spent any money undertaking its side of the deal and expected to recoup that money, the artist will be able to ask for this.

4. Attorney's fees - under Texas law, a party forced to sue for a breached contract may ask for reasonable attorneys fees that it incurred as a result of the lawsuit, if it wins.

I look forward to hearing back from you.

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