{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-508.7.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-508.7.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-508.7.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-508.7.html"}],"law_id":54986,"edition_id":1,"section_id":54986,"structure_id":13931,"section_number":"59.1-508.7","catch_line":"Measurement of damages in general","history":"2000, cc. 101, 996.","full_text":"a\n\nExcept as otherwise provided in the contract, an aggrieved party may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party to take measures reasonable under the circumstances is on the party in breach of contract.b\n\nA party may not recover:1\n\nconsequential damages for losses resulting from the content of published informational content unless the agreement expressly so provides; or2\n\ndamages that are speculative.c\n\nThe remedy for breach of contract for disclosure or misuse of information that is a trade secret or in which the aggrieved party has a right of confidentiality includes as consequential damages compensation for the benefit obtained as a result of the breach.d\n\nFor purposes of this chapter, market value is determined as of the date of breach of contract and the place for performance.e\n\nDamages or expenses that relate to events after the date of entry of judgment must be reduced to their present value as of that date. In this subsection, “present value” means the amount, as of a date certain, of one or more sums payable in the future or the value of one or more performances due in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties in their agreement unless that rate was manifestly unreasonable when the agreement was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the circumstances of each case when the agreement was entered into.","order_by":null,"text":{"0":{"id":201702,"text":"Except as otherwise provided in the contract, an aggrieved party may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party to take measures reasonable under the circumstances is on the party in breach of contract.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":201703,"text":"A party may not recover:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"2":{"id":201704,"text":"consequential damages for losses resulting from the content of published informational content unless the agreement expressly so provides; or","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"3":{"id":201705,"text":"damages that are speculative.","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"c"},"4":{"id":201706,"text":"The remedy for breach of contract for disclosure or misuse of information that is a trade secret or in which the aggrieved party has a right of confidentiality includes as consequential damages compensation for the benefit obtained as a result of the breach.","type":"section","prefixes":["c"],"prefix":"c","entire_prefix":"c","prefix_anchor":"c","level":1,"prior_prefix":"b2","next_prefix":"d"},"5":{"id":201707,"text":"For purposes of this chapter, market value is determined as of the date of breach of contract and the place for performance.","type":"section","prefixes":["d"],"prefix":"d","entire_prefix":"d","prefix_anchor":"d","level":1,"prior_prefix":"c","next_prefix":"e"},"6":{"id":201708,"text":"Damages or expenses that relate to events after the date of entry of judgment must be reduced to their present value as of that date. In this subsection, “present value” means the amount, as of a date certain, of one or more sums payable in the future or the value of one or more performances due in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties in their agreement unless that rate was manifestly unreasonable when the agreement was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the circumstances of each case when the agreement was entered into.","type":"section","prefixes":["e"],"prefix":"e","entire_prefix":"e","prefix_anchor":"e","level":1,"prior_prefix":"d"}},"ancestry":[{"id":13931,"edition_id":1,"name":"Remedies","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12900,"metadata":{},"date_created":"2026-06-26 03:46:20","date_modified":"2026-06-26 03:46:20","permalink":{"id":262309,"object_type":"structure","relational_id":13931,"identifier":"8","token":"59.1\/43\/8","url":"\/59.1\/43\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12900,"edition_id":1,"name":"Uniform Computer Information Transactions Act","identifier":"43","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":261885,"object_type":"structure","relational_id":12900,"identifier":"43","token":"59.1\/43","url":"\/59.1\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63224,"structure_id":13931,"section_number":"59.1-508.1","catch_line":"Remedies in general","url":"\/59.1-508.1\/","token":"59.1\/43\/8\/59.1-508.1","metadata":false},{"id":62869,"structure_id":13931,"section_number":"59.1-508.10","catch_line":"Recoupment","url":"\/59.1-508.10\/","token":"59.1\/43\/8\/59.1-508.10","metadata":false},{"id":83172,"structure_id":13931,"section_number":"59.1-508.11","catch_line":"Specific performance","url":"\/59.1-508.11\/","token":"59.1\/43\/8\/59.1-508.11","metadata":false},{"id":71286,"structure_id":13931,"section_number":"59.1-508.12","catch_line":"Completing performance","url":"\/59.1-508.12\/","token":"59.1\/43\/8\/59.1-508.12","metadata":false},{"id":64039,"structure_id":13931,"section_number":"59.1-508.13","catch_line":"Continuing use","url":"\/59.1-508.13\/","token":"59.1\/43\/8\/59.1-508.13","metadata":false},{"id":57350,"structure_id":13931,"section_number":"59.1-508.14","catch_line":"Discontinuing 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damages","url":"\/59.1-508.8\/","token":"59.1\/43\/8\/59.1-508.8","metadata":false},{"id":86801,"structure_id":13931,"section_number":"59.1-508.9","catch_line":"Licensee's damages","url":"\/59.1-508.9\/","token":"59.1\/43\/8\/59.1-508.9","metadata":false}],"previous_section":{"id":73040,"structure_id":13931,"section_number":"59.1-508.6","catch_line":"Remedies for fraud","url":"\/59.1-508.6\/","token":"59.1\/43\/8\/59.1-508.6","metadata":false},"next_section":{"id":63047,"structure_id":13931,"section_number":"59.1-508.8","catch_line":"Licensor's damages","url":"\/59.1-508.8\/","token":"59.1\/43\/8\/59.1-508.8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-508.7\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 101<\/a> and 996<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":63047,"section_number":"59.1-508.8","catch_line":"Licensor's damages","order_by":null,"url":"\/59.1-508.8\/"},{"id":86801,"section_number":"59.1-508.9","catch_line":"Licensee's damages","order_by":null,"url":"\/59.1-508.9\/"}],"refers_to":false,"permalink":{"id":262367,"object_type":"law","relational_id":54986,"identifier":"59.1-508.7","token":"59.1\/43\/8\/59.1-508.7","url":"\/59.1-508.7\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-508.7\/","token":"59.1\/43\/8\/59.1-508.7","dublin_core":{"Title":"Measurement of damages in general","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-508.7","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> Except as otherwise provided in the contract<\/span>, an aggrieved party<\/span> may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party<\/span> to take measures reasonable under the circumstances is on the party in breach of contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A party may not recover: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> consequential damages<\/span> for losses resulting from the content of published informational content unless the agreement expressly so provides; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> damages<\/span> that are speculative. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> The remedy for breach of contract<\/span> for disclosure or misuse of information that is a trade secret or in which the aggrieved party<\/span> has a right of confidentiality includes as consequential damages<\/span> compensation for the benefit obtained as a result of the breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

d.<\/span> For purposes of this chapter, market value is determined as of the date of breach of contract<\/span> and the place for performance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

e.<\/span> Damages<\/span> or expenses that relate to events after the date of entry of judgment<\/span> must be reduced to their present value<\/span> as of that date. In this subsection, “present value<\/span>” means the amount, as of a date certain, of one or more sums payable in the future or the value of one or more performances due in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties in their agreement unless that rate was manifestly unreasonable when the agreement was entered into. Otherwise, the discount is determined by a commercially reasonable rate that takes into account the circumstances of each case when the agreement was entered into. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEASUREMENT OF DAMAGES IN GENERAL (\u00a7 59.1-508.7)\n\na. Except as otherwise provided in the contract, an aggrieved party may not\nrecover compensation for that part of a loss which could have been avoided by\ntaking measures reasonable under the circumstances to avoid or reduce loss. The\nburden of establishing a failure of the aggrieved party to take measures\nreasonable under the circumstances is on the party in breach of contract.\n\nb. A party may not recover:\n\n 1. consequential damages for losses resulting from the content of published\n informational content unless the agreement expressly so provides; or\n\n 2. damages that are speculative.\n\nc. The remedy for breach of contract for disclosure or misuse of information\nthat is a trade secret or in which the aggrieved party has a right of\nconfidentiality includes as consequential damages compensation for the benefit\nobtained as a result of the breach.\n\nd. For purposes of this chapter, market value is determined as of the date of\nbreach of contract and the place for performance.\n\ne. Damages or expenses that relate to events after the date of entry of judgment\nmust be reduced to their present value as of that date. In this subsection,\n“present value” means the amount, as of a date certain, of one or\nmore sums payable in the future or the value of one or more performances due in\nthe future, discounted to the date certain. The discount is determined by the\ninterest rate specified by the parties in their agreement unless that rate was\nmanifestly unreasonable when the agreement was entered into. Otherwise, the\ndiscount is determined by a commercially reasonable rate that takes into account\nthe circumstances of each case when the agreement was entered into.\n\nHISTORY: 2000, cc. 101, 996.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}