Ill. Pattern Jury Instr. (Civil) 700.15

If you find in favor of the plaintiff , you must then decide how much money, if any, would

fairly compensate the plaintiff for the defendant's[s'] breach of contract. The plaintiff has the

burden of proving each element of damages claimed and that they occurred as a direct and natural

result of the defendant 's[s'] breach. In calculating the plaintiff's damages, you should determine

that sum of money that will put the plaintiff in as good a position as [he][she][it] would have been

in if [both][the] the plai ntiff and the defendant had performed all of their promises under the

contract.

The plaintiff seeks an award of several different categories of contract damages.

[1] Direct damages for:

( Here insert the element of direct damages that have a basis in the evidence.)

“Direct damages” are the amount of gain the plaintiff would have received if [both][the]

parties had fully performed the contract. You calculate the amount of this gain by

determining the value of the contract benefits the plaintiff did not receive because of the

defendant's breach and then subtracting from that value, the amount you calculate the value

of whatever expenses the plaintiff saved because of the breach.

[2] Special damages for:

( Here insert the element of special damages that have a basis in the evidence.)

Special damages are different from direct damages.

T he plaintiff must prove these damages were reasonably foreseeable by the parties when

they entered into the contract.

[3] Incidental damages for:

( Here insert the element of incidental damages that have a basis in the evidence.)

Incidental damages are different from direct and special damages.

“Incidental damages” are costs that were reasonably spent either in responding to the

defendant's[s'] breach of the contract or in securing the benefits the defendant was [were]

to have provided.

You will address these issues in questions ____, ____, (etc.) on your verdict.