UJI 13-843. Contracts; measure of damages; general instruction.

If you should decide in favor of __________________ (name of party asserting breach) on [any of] their claim[s] of breach of contract, then you must fix the amount of money which will reasonably and fairly compensate __________________ (name of party asserting breach) for damages that resulted from ________________’s (name of opposing party) breach. 1. ____________________ (name of party asserting breach) seeks direct damages for the following: (NOTE: Here insert the proper elements of direct damages.) Direct damages are damages that arise naturally and necessarily as the result of the breach. The direct damages you award for breach of contract must be the amount of money that will place __________________ (name of party asserting breach) in the position they would have been in if the contract had been performed. [2. In addition to direct damages, _______________ (name of party asserting breach) also seeks to recover damages for the following: (NOTE: Here insert the proper elements of other categories of damages which may be sought, such as consequential or incidental damages.)] Whether any of these elements of damages has been proved by the evidence is for you to determine. Your verdict must be based upon proof, and not upon speculation, guess, or conjecture. Further, sympathy for a person, or prejudice against any party, should not affect your verdict and is not a proper basis for determining damages.