M Civ JI 241.02 Form of Verdict: Contract Damages - UCC: Seller’s Breach by Failure to Deliver/Repudiation/Delivery of Nonconforming Goods Rejected

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 seller breach the contract?

Answer: ____ (yes or no)

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

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

1. [ Cost of substitute goods the buyer purchased / The market price of substitute goods at the time the buyer learned of the breach ]: | $______.____
--- | ---
2. The amount the buyer paid to the seller: | $______.____
ADD 1 and 2. This is the subtotal A: | $______.____
3. The contract price: | $______.____
4. The expenses the buyer saved: | $______.____
ADD 3 and 4. This is subtotal B: | $______.____
SUBTRACT subtotal B from subtotal A. | $______.____
Subtotal A | $______.____
minus |
Subtotal B | $______.____
This is subtotal C: | $______.____

QUESTION NO. 3: Did the buyer reasonably incur expenses in [ inspection / receipt / transportation / care / custody ] of goods the buyer rightfully rejected?

Answer: ____ (yes or no)

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

QUESTION NO. 4: Did the buyer incur commercially reasonable [ charges / expenses / commissions ] in connection with the purchase of substitute goods?

Answer: ____ (yes or no)

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

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

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: $______.____

QUESTION NO. 7: Did the buyer sustain any other reasonable expenses incident to the seller’s delay or other breach?

Answer: ____ (yes or no)

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

ADD the amount in the answers to Questions No. 3 through No. 7 to the amount in QUESTION NO. 2, subtotal C.

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

History

M Civ JI 241.02 was added February 1987.