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4.5-9  Damages - Reliance

Revised to January 1, 2008

Any damages you award on the __ count should compensate the plaintiff for any losses that (he/she/it) incurred because (he/she/it) relied upon the defendant to perform the contract.  These damages should put the plaintiff in a position as if the plaintiff had never entered into a contract.  The plaintiff must establish the fair and reasonable value of (his/her/its) loss that (he/she/it) sustained.

Authority

3 Restatement (Second), Contracts § 349 (1979); 11 Williston, Contracts (3d ed. 1979) §§ 1363, 1363A.
 


 

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