pjc-family-2024-lib

B REACH OF D UTY BY P ERSONAL R EPRESENTATIVE

PJC 232.4

PJC 232.4 Actual Damages for Breach of Duty by Personal Representative PJC 232.4A Actual Damages for Breach of Duty by Personal Representative—Consequential If you answered [“Yes”] [“No”] [ see comment ] to Question _____, then answer the following question. Otherwise, do not answer the following ques tion. QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate the estate for damages, if any, that were proximately caused by the conduct inquired about in Question _____ [ PJC 232.1 or 232.2 (breach of duty) ]? “Proximate cause” means a cause that was a substantial factor in bringing about an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using the degree of care required of him would have fore seen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event. Consider the following elements of damages, if any, and none other. 1. Any profit that would have accrued to the estate. 2. [ Other applicable elements of consequential damages. ] Consider each element separately. Do not add any amount for interest on damages, if any. Answer separately in dollars and cents for damages, if any. 1. [ Element 1 ] sustained in the past. Answer: _______________ 2. [ Element 1 ] that, in reasonable probability, will be sustained in the future. Answer: _______________ 3. [ Element 2 ] sustained in the past. Answer: _______________

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