AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.09A
Damages for Breach of Contract
If you find in favor of [plaintiff] on [his her its] claim for breach of contract, you must decide how much money, if any, will fairly compensate [plaintiff] for a financial loss caused by [defendant’s] breach of the contract. This compensation is called compensatory damages. The purpose of an award of compensatory damages is to put [plaintiff] in the same financial position that [he she it] would have been in if [defendant] had fully performed [his her its] obligations under the contract.
To award compensatory damages to [plaintiff] for [defendant’s] breach of contract, you must find that it is more likely true than not true that:
(1) [Defendant’s] breach of the contract caused [plaintiff’s] financial loss; and
(2) When [plaintiff] and [defendant] entered into the contract, [defendant] knew or could have reasonably foreseen that this financial loss would be a probable result if [defendant] breached the contract. A financial loss from breach of a contract is reasonably foreseeable if either:
a.) the loss follows in the ordinary course of events from the breach; or
b.) the loss follows from special circumstances that the party had reason to know about when the parties entered into the contract.
(3) [Plaintiff] has established the amount of [his her its] financial loss with reasonable certainty.
An award of compensatory damages must be based on evidence, and not on speculation, guesswork or conjecture.
If you decide that these requirements for an award of compensatory damages have not been met, you cannot award compensatory damages to [plaintiff]. Instead, you must award [plaintiff] nominal damages. In a moment, I will instruct you regarding an award of nominal damages.
History
Alaska Civil Pattern Jury Instructions 24.09A, dated (Revised 2022). Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
2b03aead584e9b766316be906e7023f44799a8f21fb9cf483220225801a27ccc
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