NC · jury_instructions
N.C.P.I.—Civil 503.24
CONTRACTS - ISSUE OF COMMON LAW REMEDY - DIRECT DAMAGES- OWNER'S MEASURE OF RECOVERY FOR A CONTRACTOR'S PARTIAL BREACH OF A CONSTRUCTION CONTRACT WHERE CORRECTING THE DEFECT WOULD CAUSE ECONOMIC WASTE.
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, as follows: First, you will determine the fair market
value of the (describe improvement) as actually constructed by the
defendant on [the date that (describe events constituting breach)]
[(specify date)]. Second, you will determine the fair market value the
improvement would have had if it had been constructed in conformity with
the requirements of the contract.2 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.3 Third, you will subtract the fair market value of the
improvement as actually constructed from the fair market value of the
improvement as contracted for. [The difference would be the plaintiff's
direct damages.] [The difference less any portion of the contract price
which the plaintiff has not paid to the defendant would be the plaintiff's
direct damages.]4
History
N.C.P.I.—Civil 503.24 (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
dead516b17e52e11cb7c4fa97fc28fadf767f42fa406f865e7cabe87a6d506ae
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