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4.5-12  Damages - Incidental

Revised to January 1, 2008

In addition to damages for <describe theory(ies) of direct damages>, any damages you award on the __ count also may include amounts to compensate the plaintiff for incidental damages.  Incidental damages are reasonable expenses incident to the breach.  The plaintiff claims that <insert claimed damages> were incidental damages.  If you find that the plaintiff reasonably incurred those costs either in responding to the breach or in securing the benefit that the defendant's performance was to have provided, then you should award the fair and reasonable value of those costs as incidental damages.

Authority

Gaynor Electric Co. v. Hollander, 29 Conn. App. 865, 869 (1993).  See General Statutes § 42a-2-715 (1).

Notes

There is a distinction between consequential damages and incidental damages.  Consequential damages are damages resulting from the breach, whereas incidental damages are expenses incidental to the breach.  Gaynor Electric Co. v. Hollander, supra, 29 Conn. App. 869; General Statutes Annotated § 42a-2-715 (West 2002), comments 1 and 2, p.255.