pjc-oil-and-gas-2022-lib

D AMAGES

PJC 313.21

PJC 313.21 Sample Instructions on Direct and Incidental Damages— Contracts Explanatory note: Damages instructions in contract actions are often necessarily fact-specific. Unlike most other form instructions in this volume, therefore, the follow ing sample instructions are illustrative only, using a hypothetical situation to give a few examples of how instructions may be worded to submit various legal measures of damages for use in connection with the contract damages question, PJC 313.20. Sample A—Loss of the benefit of the bargain The difference, if any, between the value of the paint job agreed to by the parties and the value of the paint job performed by Don Davis . The difference in value, if any, shall be determined at the time and place the paint job was per formed. Sample B—Remedial damages The reasonable and necessary cost to repaint Paul Payne ’s truck. Sample C—Loss of contractual profit The difference between the agreed price and the cost Paul Payne would have incurred in painting the truck. Sample D—Loss of contractual profit plus expenses incurred before breach The amount Don Davis agreed to pay Paul Payne less the expenses Paul Payne saved by not completing the paint job. Sample E—Damages after mitigation The difference between the amount paid by Paul Payne to John Jones for painting the truck and the amount Paul Payne had agreed to pay Don Davis for that work. Sample F—Mitigation expenses Reasonable and necessary expenses incurred in attempting to have the truck repainted. Sample G—Incidental damages Reasonable and necessary costs to store Paul Payne ’s tools while the truck was being repainted.

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