M Civ JI 142.33 Reliance Damages

If you do not award damages to [ name of party ] that would put [ him / her / it ] in as good as a position had the contract been performed, you may still award damages that put [ him / her / it ] in the same position as if the contract had never been made. Your award should compensate [ name of party ] for any losses [ he / she / it ] incurred because of reliance on [ name of party being sued on contract ] to perform the contract.

You may not award both types of damages if the result would be to put [ name of party ] in a better position than [ he / she / it ] would have been in had the contract been performed.

Comment

Holton v Monarch Motor Car Co, 202 Mich 271 (1918); Earl Dubey & Sons, Inc v Macomb Concrete Corp, 81 Mich App 662 (1978).

History

M Civ JI 142.33 was added March 2005.