Assuming that a mover is able to prove a breach of a confidentiality agreement, a mover must also demonstrate the actual harm caused by the breach. Gosden v. Elmira City School Dist., 934 N.Y.S. 2d 256 (App. Div. 3rd Dept. 1989). Damages in an action for failure to fulfil obligations are intended to restore to the victim the position he would have had in the event of full performance of the contract. Brushton-Moira Cent. School Dist. v. Fred H. Thomas Associates, P.C., 91 N.Y.2d 256 (N.Y.
1998). Less than 3% of civil cases are tried. While some cases are dismissed by the court or a party, most civil cases are settled by mutual agreement between the parties. As a result, almost all parties to civil trials are likely to eventually face the decision to settle their dispute and, if so, under what conditions. .