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Pressure-Test
Pressure-test your damages number
Redoes the arithmetic, ranks the assumptions by how far they move the total, runs the other side's version of each input, and hunts the double counts and the categories that are computed perfectly and not recoverable.
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What comes back
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*(After I answered: nobody outside the case has heard the number; they have not disclosed an expert but their answer denies the margin figure; and the client claimed "approximately $1.5 million" in an insurance notice last year.)*
Arithmetic verdict. The model does not add up. $1.42M + $842K + $61K = $2,323,000, not $2.39M. The $67,000 difference appears to be prejudgment interest folded into the total without being listed as a line. Break it out or remove it; a total that cannot be reconstructed from its own line items is the first thing a cross-examiner finds.
Sensitivity, by leverage
| Assumption | Current value | If it moves | Leverage |
|---|---|---|---|
| Per-unit margin | $79K/month | Each $10K of margin moves lost profits by $180K | Highest. The whole lost-profits category rests on one CFO declaration |
| Lost-profit duration | 18 months | Each month removed is $79K | High. Nothing in the inputs explains why 18 and not 12 |
| Cover was commercially reasonable | Assumed | Fails entirely if not, taking $842K to whatever a reasonable cover would have cost | High, and binary |
| Storage costs are consequential | Assumed recoverable | Zero if the section 11.4 waiver reaches them | Binary and probably fatal to this category |
| Interest accrual date | 4/14 | Moves the interest line only | Low in dollars, high in credibility |
The adverse run. Taking each input to its most defensible adverse value rather than its worst case: margin at $58K (their likely position from the answer's denial), duration at 12 months, cover reasonable but at the lowest of the three invoices, storage excluded by the waiver, interest from the date of the complaint rather than the breach. Lost profits become $696K, cover becomes roughly $610K, storage becomes $0. The adverse total is roughly $1.31M against your $2.32M. The range is driven almost entirely by two inputs: the margin figure and the storage category.
Double counts and gaps
- Double count. Lost profits and cover costs both run 18 months. If the cover replaced the supply, the lost profits for the covered period are the margin differential, not the whole margin. As modeled, you are recovering the profit you would have made and the cost of making it. This is the finding that most threatens the number's credibility, because it is defensible line by line and indefensible when the two lines are read together.
- Gap. No mitigation offset appears anywhere, and the model does not state that none was available. Silence reads as an omission.
- Theory mismatch. The tortious interference claim is pleaded but no damages category runs under it. Either it supports a category you have not modeled or it should come out of the damages narrative entirely.
- Interest. Computed from 4/14, the repudiation date. Whether the claim accrued then or on the date of each unfilled order is a question the model answers silently. [CONFIRM - accrual date for prejudgment interest under governing law.]
Recoverability
| Category | Computed correctly | Recoverable | Supported by |
|---|---|---|---|
| Lost profits $1.42M | Arithmetically yes, subject to the double count | [CONFIRM - governing law, and whether the contract's limitation reaches lost profits] | A CFO declaration. No document. No expert. This is a witness, not a number |
| Cover $842K | Yes | [CONFIRM - and confirm the reasonableness standard] | Three invoices, Ex. C-1 to C-3. The strongest figure in the model |
| Storage $61K | Yes | [CONFIRM - section 11.4 consequential waiver. If it reaches storage, this is zero] | Not stated in the inputs |
| Interest $67K | Not shown as a line at all | [CONFIRM - rate and accrual date] | Nothing |
The two numbers. On a demand, $2.32M, stated as line items so it can be reconciled, with the storage line separated so that conceding it later costs nothing. In front of a factfinder, the number I would actually argue is closer to $1.6M: cover at $842K plus lost profits limited to the margin differential for the covered period, with storage abandoned and interest pleaded separately. The gap between the two is not a negotiating tactic. It is the double count and the waiver, and if the demand number goes out without the line items, the trial number looks like a retreat instead of a discipline.
The number the client already said. You told me the insurance notice said "approximately $1.5 million." That is now a document the other side will find, and it sits almost exactly on the number I would argue at trial. That is either the best fact in this analysis or the worst, depending on whether the notice explains what it covered. Get it and read it before any demand goes out.
What your answers changed. The insurance notice is why there are two numbers in this output rather than one, and why the demand is itemised. Without it I would have recommended a single $2.32M demand and you would have been handed your own $1.5M figure at mediation. That they have denied the margin figure in the answer is why margin sits at the top of the sensitivity table and why the adverse run uses $58K rather than a guess; it also means the CFO declaration is not going to be enough and the expert question is now urgent rather than optional. Your answer that nobody outside the case has heard the number changed nothing analytically, though it is the reason the expand step exists, so it earned about half its round-trip.
Why this prompt is built the way it is
## Framework
1. **Redo the arithmetic.** Add it up. Say whether the total is the total, and name any figure that cannot be derived from the inputs.
2. **Rank the assumptions by leverage:** the one that moves the total most if it moves.
3. **Run the adverse version** of every input at its most defensible value and report the resulting range.
4. **Hunt double counts and gaps:** one loss under two theories, an item under an unpleaded theory, excluded consequentials, interest from the wrong date, a missing mitigation offset.
5. **Separate recoverability from calculation,** and never state a recoverability rule from memory.
6. **Say which figures rest on a document, which on a witness, and which on an undisclosed expert.**
7. **Give the demand number and the factfinder number, and why they differ.**