​​M Civ JI 241.15 Form of Verdict: Contract Damages--UCC: Buyer’s Breach by Nonacceptance or Repudiation--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.

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

Unpaid contract price: $______.____

SUBTRACT from this the market price: $______.____

Subtotal A: $______.____

SUBTRACT from subtotal A expenses

the seller saved, if any: $______.____

Subtotal B: $______.____

QUESTION NO. 3: 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. 3

to subtotal B from QUESTION NO. 2: $______.____

These are the seller’s damages, unless you determine that these damages will not put the seller in as good a position as [ he / she / it ] would have been in if the buyer performed. If [ his / her / its ] position is as good, do not answer any further questions.

If [ his / her / its ] position is not as good, then make the following determinations.

NUMBER I: State the amount of profit, including reasonable overhead, which the seller would have made if the buyer had performed: $______.____

NUMBER II:

ADD

a. the amount of payments the buyer made to the seller, if any: $______.____

to

b. the seller’s proceeds from resale, if any: $______.____

Total for NUMBER II: $______.____

SUBTRACT the total for NUMBER II

from the amount in NUMBER I.

This is subtotal X:$______.____

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: $______.____

QUESTION NO. 5: Did the seller have costs reasonably incurred as a result of the buyer’s breach?

Answer: ____ (yes or no)

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

ADD the amounts from Questions No. 4 and 5 to subtotal X.

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

History

M Civ JI 241.15 was added February 1987.