UT · jury_instructions
MUJI 2d CV505
Betterment or value added.
The damages you award to [name of plaintiff] cannot place [him] in a better position than [he] would have been in if [name of defendant] had not breached the standard of care.
To prevent [name of plaintiff] from being in a better position, you must reduce from the damages any additional amount of money that [name of plaintiff] would have paid in designing and constructing the [facility name] if [name of defendant] had provided services that met the standard of care. You must make this reduction only if [name of defendant] proves that [name of plaintiff] would have completed the [facility name] at the additional cost for construction and services that met the standard of care.
For the same reasons, you must reduce from the damages you award to [name of plaintiff] using a "repair" measure of damages the costs of any repairs that add value to the [facility name] beyond the value it would have had if [name of defendant] had not breached the standard of care.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
79bec578594ccc2d71fbd62760d13787d5f1337be27f14ede03771e631114ae4
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