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Trans-W. Petroleum, Inc. v. United States Gypsum Co., 2016 UT 27 (June 16, 2016)

Jun 16, 2016

On a certified question from the Tenth Circuit, the Utah Supreme Court clarified the measure of damages for breach of an oil and gas lease. The Court held expectation damages for breach of an oil or gas lease should be treated the same as any other lease. The Court also concluded that trial courts may, in their discretion, allow parties to submit post-breach evidence for the purpose of establishing and measuring expectation damages arising out of the breach of an oil and gas lease.