M Civ JI 241.14 Form of Verdict: Contract Damages - UCC: Buyer’s Breach by Nonacceptance or Repudiation - Seller Resells - Seller’s Damages

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: Did the buyer breach the contract?

Answer: ____ (yes or no)

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

QUESTION NO. 3: Was the seller’s resale in good faith and commercially reasonable?

Answer: ____ (yes or no)

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

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

Unpaid contract price: $______.____

SUBTRACT from this the resale price: $______.____

Subtotal A: $______.____

SUBTRACT from subtotal A expenses

the seller saved, if any: $______.____

Subtotal B: $______.____

QUESTION NO. 4: Did the seller incur any commercially reasonable [ charges / expenses / commissions ] after the buyer’s breach in stopping delivery, or in [ transportation / care / custody ] of goods, or in connection with the return or resale of goods, or otherwise resulting from the buyer’s breach?

Answer: ____ (yes or no)

If your answer is “yes,” state the amount: $______.____

ADD the amount from QUESTION NO. 4 to subtotal B from QUESTION NO. 3.

Amount from QUESTION NO. 4: $______.____

Subtotal B from QUESTION NO. 3: $______.____

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

History

M Civ JI 241.14 was added February 1987.