NC · jury_instructions
N.C.P.I.—Civil 503.12
CONTRACTS - ISSUE OF COMMON LAW REMEDY - DIRECT DAMAGES - BUYER'S MEASURE OF RECOVERY FOR A SELLER'S BREACH OF CONTRACT TO CONVEY REAL PROPERTY.
Direct damages are the economic losses that usually or customarily
result1 from a breach of contract. In this case, you will determine direct
damages, if any, by first determining the fair market value of (describe
real property) on [the date that (describe events constituting breach)]
[(specify date)]. Fair market value is the amount which would be agreed
upon as a fair price by a seller who wishes to sell, but is not compelled to
do so, and a buyer who wishes to buy, but is not compelled to do so.2 [If
the fair market value is greater than the contract price agreed upon by
the parties, you will subtract the contract price from the fair market value
(and add it to any amount already paid by the plaintiff under the
contract).] [If the fair market value is equal to or less than the contract
price agreed upon by the parties, you will not award any damages for loss
of the value of the contract (however, the plaintiff is entitled to recover
any amount already paid under the contract).]3
History
N.C.P.I.—Civil 503.12 (May 2003). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
dd7136a6f24ff17206ccda9477aa3693927aa427fa4efc603356afb2ac186b19
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