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4.5-3  Components of Damages

Revised to January 1, 2008

Damages for breach of contract are measured as of the time of the breach.  These damages may consist of <include as applicable:

• direct damages (expectation, reliance),

• liquidated damages,

• consequential damages,

• incidental damages,

all of which I will explain in a moment.

[<Include as applicable:>

• In addition, you may award interest.

• In addition, you may award attorneys' fees.

• You may reduce or eliminate your award of damages if and to the extent that the defendant establishes that the plaintiff failed to mitigate (his/her/its) damages.]

Notes

Give this instruction by individual cause of action to avoid duplicate awards of damages in multiple count cases.