NC · jury_instructions
N.C.P.I.—Civil 503.45
CONTRACTS - ISSUE OF COMMON LAW REMEDY-DIRECT DAMAGES- OWNER'S MEASURE OF RECOVERY FOR LOSS OF RENT DUE TO A LESSEE'S, OCCUPIER'S OR POSSESSOR'S BREACH OF A LEASE OF REAL ESTATE OR PERSONAL PROPERTY.
NOTE WELL: Use this instruction where the lease does
not specify a rent or the rent applicable to a given
circumstance (e.g., holdover tenant).
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 determining the fair rental value2 of (describe
property) on [the date that (describe events constituting breach)]
[(specify date)] for the period of time (if any) that the plaintiff was
deprived of rent by reason of the breach.3 Fair rental value is the amount
which would be agreed upon as a fair rent by an owner who wishes to
lease, but is not compelled to do so, and a tenant who wishes to lease,
but is not compelled to do so (less any commissions the plaintiff would
have been required to pay on such rent).
History
N.C.P.I.—Civil 503.45 (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
7dcfaacf5c2470c91d6dc9b49b4e22b8b3e62c4c2a49c1be7af91dd6ad17af71
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