Extract to table

Where the underlying injury is the same, the recovery must be singular

First, the amount specified must be a reasonable estimate of the anticipated damages at the time of contracting

Second, actual damages must be difficult to ascertain at the time of contracting

Under New York law, a plaintiff must elect between liquidated damages and actual damages for the same breach; it cannot recover both

Under New York law, when a contract provides a liquidated damages remedy for a particular breach and the non-breaching party also claims actual damages (including lost profits) for the same breach, the party must elect between the two

If Vantor elects actual lost profits, it must prove those profits with "reasonable certainty," as required under New York law for contract damages