M Civ JI 142.31 Contract Damages: Benefit of Bargain

Contract damages are intended to give the party the benefit of the party’s bargain by awarding him a sum of money that will, to the extent possible, put [ him / her / it ] in as good a position as [ he / she / it ] would have been in had the contract been fully performed. The injured party should receive those damages naturally arising from the breach. [ Name of party ] cannot recover a greater amount as damages than [ he / she / it ] could have gained by the full performance of the contract.

Comment

Jim-Bob, Inc v Mehling, 178 Mich App 71 (1989); Lawrence v Will Darrah & Assoc, 445 Mich 1 (1994); Earl Dubey & Sons, Inc v Macomb Concrete Corp, 81 Mich App 662 (1978); Tross v HE Clark Co, 274 Mich 263 (1936); Dierickx v Vulcan Indus, 10 Mich App 67 (1968).

History

M Civ JI 142.31 was added March 2005.