Which party bears the burden of proof in proving damages?

In legal proceedings, the burden of proof typically rests with the party seeking to establish a claim or assertion. In the context of proving damages, the innocent party—meaning the party who has not breached the contract—must prove the extent of damages they suffered as a result of the breach. This requirement stems from the principle that the party claiming a loss has the responsibility to present the evidence necessary to quantify that loss.

The rationale behind this lays in the fundamental tenets of civil liability, where the party alleging harm must substantiate their claims with appropriate proof. This may include providing documentation, expert testimony, and other forms of evidence that illustrate the financial or material impact of the breach. By doing so, the innocent party demonstrates convincingly that the breach has resulted in specific damages that warrant compensation.

In contrast, while the breaching party may present arguments or counter-evidence, the focus of proof regarding the extent of damages remains with the innocent party. This aligns with the overall legal principle that encourages parties to resolve disputes with clear, substantiated claims rather than assumptions or general assertions about harm done.