NC · jury_instructions
N.C.P.I.—Civil 503.48
CONTRACTS - ISSUE OF COMMON LAW REMEDY - DIRECT DAMAGE- OWNER'S MEASURE OF RECOVERY FOR LOSS OF USE DUE TO A LESSEE'S, OCCUPIER'S OR POSSESSOR'S BREACH OF A LEASE OF REAL ESTATE OR PERSONAL PROPERTY.
NOTE WELL: This instruction is to be used primarily
where a tenant breaches a lease covenant that makes
the premises unrentable to a third party for some
period of time (e.g., environmental contamination or
damage to the structure of the premises).
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 value 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 its use by reason of the breach of contract.2 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.
History
N.C.P.I.—Civil 503.48 (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
c8121e609ab793708045e75e1f0e26e88f1b6c1eb9a6ea6b9f77ba2bf4828f3d
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