Wis JI-Civil 3750

The questions that you will be required to answer inquire as to the money damages

sustained by the plaintiff-seller because of the defendant-buyer's refusal to carry out his or

her part of the contract. Answer these questions with only the accompanying explanation to

each individual question in mind. The court will determine from your answers the amount of

damages due the plaintiff.

(If no resale by plaintiff)

Question 1: What is the difference between the contract price—

what the defendant had agreed to pay for the goods—and the fair

market value of such goods at the time when and place where the goods

were to have been delivered?

Fair market value is that sum of money which the goods would have brought if sold by

an owner, willing but not required to sell, to a buyer, willing but not required to buy.

Question 2: What incidental damages, if any, did the plaintiff-seller suffer because of the defendant-buyer's (failure to accept)

(repudiation)?

Incidental damages include any commercially reasonable charges, expenses, or

commissions the plaintiff-seller incurred in stopping delivery, in transporting, or in caring for

the goods as a result of the defendant-buyer's breach.

Question 3: What expenses, if any, did the plaintiff-seller save

because the contract was not fulfilled by the defendant-buyer?

Question 4: What is the profit which the seller would have made

from full performance by the buyer?

(If resale by plaintiff)

If the evidence in this case satisfies you that the price obtained by the plaintiff on the

resale was a fair price, or if you are not so satisfied as to that fact but are satisfied that the

plaintiff used all reasonable efforts to secure the best price obtainable, then you must answer

the following questions:

Question 1: What is the difference between the resale price and

the contract price?

Question 2: What incidental damages, if any, did the plaintiff-seller suffer because of the defendant-buyer's (failure to accept)

(repudiation)?

Question 3: What expenses, if any, did the plaintiff-seller save

because the contract was not fulfilled by the defendant-buyer?

(If action for price by seller—goods have been accepted or

conforming goods have been lost or damaged after risk of their loss has

passed to the buyer.)

If you find that the buyer failed to pay the price of the goods as agreed upon in the

contract as the price became due, the seller may recover the price as agreed upon in the

contract if:

(1) The seller has been unable after reasonable effort to resell them at a reasonable

price; or

(2) Such a resale effort would not be reasonable under the circumstances of this

case.

In addition to the price of the goods, the plaintiff-seller may recover incidental

damages. Incidental damages include any commercially reasonable charges, expenses or

commissions the plaintiff-seller incurred in stopping delivery, in transporting, or in caring for

the goods as a result of the defendant-buyer's breach.