M Civ JI 241.01 Form of Verdict: Contract Damages - UCC: Seller’s Breach by Delivery of Nonconforming Goods Which the Buyer Accepts

We, the jury, make the following answers to the questions submitted by the Court:

QUESTION NO. 1: Was there [ a contract / an enforceable contract ] for the sale of goods between the buyer and the seller?

Answer: ____ (yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 2: Were the goods which the buyer accepted nonconforming?

Answer: ____ (yes or no)

If your answer is “no,” do not answer any further questions.

QUESTION NO. 3: Did the buyer notify the seller of the nonconformity within a reasonable time after the buyer discovered or should have discovered the nonconformity?

Answer: ____ (yes or no)

If your answer is “no,” do not answer any further questions.

If your answer is “yes,” make the following determinations:

The value the goods would have had if they had conformed to the contract: | $______.____
--- | ---
SUBTRACT
The value of the goods at the time and place of acceptance, their actual value: | $______.____
Subtotal for QUESTION NO. 3 | $______.____

QUESTION NO. 4: Did the buyer incur any reasonable expenses incident to the seller’s delay or other breach?

Answer: ____ (yes or no)

If your answer is “yes,” state the amount:

$______.____

QUESTION NO. 5: Did the buyer incur any other losses resulting from the general or particular requirements or needs which the seller had reason to know about at the time of contracting, and which the buyer could not reasonably have prevented?

Answer: ____ (yes or no)

If your answer is “yes,” state the amount:

$______.____

QUESTION NO. 6: Did the buyer sustain an injury to person or property as a proximate result of any breach of warranty?

Answer: ____ (yes or no)

If your answer is “yes,” state the amount:

$______.____

ADD the amounts in the answers to Questions No. 4 through No. 6 to the subtotal in QUESTION NO. 3.

These are the buyer’s TOTAL DAMAGES: $______.____

History

M Civ JI 241.01 was added February 1987.