New York, NY securities attorney Jenice L. Malecki talks about the difference in calculation of damages between breach of fiduciary duty and breach of contract. She explains that damages in a breach of contract case may be explicitly outlined within the contract, such as provisions for liquidated damages or specific methods for calculating losses. The contract may also specify whether attorney’s fees are collectible. If the contract is silent on these matters, one would then look to common law principles for guidance. In cases involving fiduciaries, it is essential to examine the specific statutes under which the case is brought to determine whether they provide for attorney’s fees, interest, costs, well-established theories of damages, or other measures such as net out-of-pocket losses.