N.C.P.I.—Civil 741.50

The (state number) issue reads:

"What amount of money damages is the plaintiff entitled to recover

from the defendant for breach of warranty after justifiably revoking

acceptance of the (name good)?"

If you have answered the (state number) issue "Yes" in favor of the

plaintiff, the plaintiff is entitled to recover nominal damages even

without proof of actual damages. Nominal damages consist of some

trivial amount such as one dollar in recognition of the technical damage

resulting from the breach.

The plaintiff may also be entitled to recover actual damages.1 On

this issue the burden of proof is on the plaintiff.

This means that the plaintiff must prove, by the greater weight of

the evidence, the amount of damages sustained, if any, as a result of the

breach of warranty following the justifiable revocation of acceptance of

the (name good).

The law provides that where a buyer justifiably revokes acceptance

of the (name good), he may cancel the contract and, in addition,

First, make any reasonable purchase of a substitute (name good) in

good faith and without unreasonable delay, and then recover the

difference between the cost of the substitute (name good) and the

contract price.

Second, recover so much of the (unrecovered)2 purchase price as

has been paid.

Third, recover incidental damages proximately resulting from the

seller's breach. (These include expenses reasonably incurred by the

plaintiff in the inspection, receipt, transportation and care and custody of

the (name good) and any other reasonable expense incident to the

breach.)

Fourth, recover consequential damages proximately resulting from

the seller's breach.3 (These include any loss resulting from general or

particular requirements and needs of which the defendant at the time of

contracting had reason to know and which could not reasonably have

been prevented by the plaintiff.)

The plaintiff's damages are to be reasonably determined from the

evidence presented in the case. The plaintiff is not required to prove

with mathematical certainty the extent of the financial injury in order to

recover damages. Thus, the plaintiff should not be denied damages

simply because they cannot be calculated with exactness or a high degree

of mathematical certainty. However, an award of damages must be

based on evidence which shows the amount of the plaintiff's damages

with reasonable certainty. You may not award any damages based upon

mere speculation or conjecture.

Finally, as to this (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence the

amount of damages sustained by the plaintiff for breach of warranty after

justifiably revoking acceptance of the (name good), then it would be your

duty to write that amount in the blank space provided.

If, on the other hand, you fail to so find, then it would be your duty

to write a nominal amount such as "One Dollar" in the blank space

provided.