M Civ JI 142.30 Introduction to Damages

If you find that [ name of party being sued on contract ] is liable to [ name of party ] for breach of contract, then you must determine the amount of money, if any, to award to [ name of party ] as contract damages. The following instructions tell you how to do that. If you find that [ name of party being sued on contract ] is not liable, then you do not need to consider the subject of damages.

[ Name of party ] must prove by a preponderance of the evidence the amount of any damages to be awarded. However, [ name of party ] is not required to prove its damages with mathematical precision because it is not always possible that a party can prove the exact amount of its damages. Therefore, it is necessary only that [ name of party ] prove its damages to a reasonable certainty or a reasonable probability. However, you may not award damages on the basis of guess, speculation or conjecture.

Comment

Joerger v Gordon Food Services, 224 Mich App 167 (1997); Fera v Village Plaza, 396 Mich 639 (1976).

History

M Civ JI 142.30 was added March 2005.