UT · jury_instructions
MUJI 2d CV2136
Consequential damages.
If a party recovers damages for the benefits [he] expected to receive from the contract, then that party is also entitled to recover "consequential" damages caused by [name of defendant]'s breach.
Consequential damages are those losses or injuries reasonably within the contemplation of the parties, that is, they could have considered them or reasonably foreseen them, at the time the contract was made.
In order to decide whether a loss or an injury was foreseeable at the time the contract was made, you should examine the nature and language of the contract and the reasonable expectations of the parties. A loss may be foreseeable because it follows from the breach
(1) in the ordinary course of events, or
(2) as a result of special circumstances, beyond the ordinary course of events, that [name of defendant] had reason to know.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
3bf73e1f6fca6effe880c71685143b208dbca5742744f766d5ff2882bd06a644
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