Uncertain damages amount, not uncertain fact of damage, permits approximate awards.

Evidence

Nor is such a result to be condemned by the rule that precludes the recovery of uncertain and speculative damages. That rule applies only to situations where the fact of damage is itself uncertain. But here we are assuming that the employee has proved that he has performed work and has not been paid in accordance with the statute. The damage is therefore certain. The uncertainty lies only in the amount of damages arising from the statutory violation by the employer. In such a case “it would be a perversion of fundamental principles of justice to deny all relief to the injured person, and thereby relieve the wrongdoer from making any amend for his acts.” — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2225

Categorization

• DEFINE: Distinguishes uncertainty as to the fact versus the amount of damages—a key doctrinal line.