Wis JI-Civil 3755

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

sustained by the plaintiff-buyer because of the defendant-seller'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.

(Cover not effected.)

Question 1: What is the difference between the market price at

the point in time when the buyer of the goods learned that the seller

would not deliver or perform his or her part of the contract and the

contract price?

"Market value" is the prevailing price or the price at which goods of the same quantity

and quality could have been purchased by the buyer from a different seller.

Before you may determine the difference between the contract price and the market

price, you must first be satisfied that (at the time and place of delivery) (at the time of the

refusal to deliver) the plaintiff had access to an available market where goods of the same

quantity and quality could there have been purchased by the plaintiff. If there was no

available market at the place of delivery and (at the time of delivery) (at the time of refusal to

deliver), but such a market existed a reasonable distance therefrom, you may then, in

computing damages, use the market price of the goods at such distant market, adding thereto

the cost of transporting the goods from such distant market to the place where the goods were

to have been delivered by the defendant.

Question 2: What incidental damages, if any, did the plaintiff-buyer suffer because of the defendant-seller's breach?

Incidental damages include all reasonable expenses incurred due to a delay or breach

of a contract. (If the goods were rightfully rejected, these damages include expenses

reasonably incurred in inspection, receipt, transportation, and care and custody of these

goods.)

Question 3: What consequential damages, if any, did the

plaintiff-buyer suffer because of the defendant-seller's breach?

"Consequential damages" are damages that are awarded for those consequences of the

breach which were reasonably foreseeable at the time the contract was entered into as

probable if the contract were broken. Any knowledge on the part of the seller of the buyer's

particular need for the goods, or of the generally recognized need for buyers of such goods, is

evidence of the foreseeable consequences the breach would have on the part of the buyer.

The buyer is entitled to consequential damages only if he or she could not reasonably prevent

the damages resulting from the breach. Consequential damages include any injury

proximately resulting from the seller's breach to the person or property of the buyer.

Question 4: What expenses, if any, did the plaintiff-seller save

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

(If cover was effected.)

If you find that the plaintiff made a reasonable purchase or contract to purchase goods

in substitution for those due from the seller and that this purchase or contract was made in

good faith and without reasonable delay, then answer the following questions:

Question 1: What is the difference between the cost of the

substitution purchase and the contract price?

Question 2: What reasonable expenses, charges, or commissions

did the plaintiff-buyer have to pay because the buyer was forced to

purchase goods from a different seller to replace the goods contracted

for?