Ill. Pattern Jury Instr. (Civil) 700.17

If you find in favor of the plaintiff, you must 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 the

plaintiff and the defendant had performed all of their promises under the contract.

T he plaintiff seeks an award of several different categories of contract damages ( insert

whichever are appropriate):

[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.

The measure of direct damages in this case is the contract price minus the fair market value

of the property at the time the plaintiff was supposed to get the property, minus the contract

price minus the unpaid portion of the contract price.

The fair market value of the property is the amount a willing seller and buyer would agree

upon for the property if both were fully informed about the property and neither of them

was under any particular pressure to buy or sell.

[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[s] was [were]

to have provided.

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The measure of direct damages in this case is the contract price minus the fair market value

of the property at the time the plaintiff was supposed to get the property, minus the contract price,

minus the unpaid portion of the contract price.

The fair market value of the property is the amount a willing seller and buyer would agree

upon for the property if both were fully informed about the property and neither of them was under

any particular pressure to buy or sell.

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