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Although courts have long recognized that "[u]ncertainty and ambiguity are the bane of commerce,"' they often fail to practice what they preach. In an era of increasingly complex transactions and big-money deals, the legal system subjects sophisticated commercial parties to ambiguous standards and uncertain damage awards.2 One businessman, tired of the vagaries of the system, aptly described going to court as a "legal lottery where you don't know whether you will win; and if you win, you may be either under or overcompensated."3 When courts select discount rates for measuring lost future profits in commercial-contract disputes, this uncertainty is especially troubling. Discounting is the process by which courts take into account the time value of money to avoid overcompensating the injured party.4 The process is relatively straightforward, requiring the court to find an interest rate at which an injured

Courts, Contracts, and the Appropriate Discount Rate: A Quick Fix for the Legal Lottery