pjc-oil-and-gas-2022-lib

D AMAGES

PJC 313.19

PJC 313.19 Question and Instruction on Actual Damages for Breach of Executive Rights Duty [Insert predicate, PJC 313.1.] QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that were proximately caused by Don Davis ’s failure to comply with such executive duty? [Insert definition of proximate cause, PJC 300.13.] Consider the following elements of damages, if any, and none other. [Insert appropriate instructions, e.g., Lost royalties. ] Do not add any amount for interest on damages, if any. Answer in dollars and cents for damages, if any. 1. [ Element A ] sustained in the past. Answer: _______________ 2. [ Element A ] that, in reasonable probability, will be sustained in the future. Answer: _______________ 3. [ Element B ] sustained in the past. Answer: _______________ 4. [ Element B ] that, in reasonable probability, will be sustained in the future. Answer: _______________ COMMENT When to use. PJC 313.19 should be predicated on a “Yes” answer to PJC 304.2 and is appropriate when the non-executive rights holder seeks actual damages. Elements of damages submitted separately. The Committee generally recom mends that multiple elements of damages be separately submitted to the jury. Harris

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