What is the Law in California for Benefit of the Bargain Damages - California Civil Jury Instruction CACI 1924

California Law

CA Civil Jury Instructions

CACI 1924 - Benefit of the Bargain Damages

As of September 1, 2010

California Civil Jury Instruction CACI 1924

If you decide that [name of plaintiff] has proved [his/her/its] claim

against [name of defendant], you also must decide how much money

will reasonably compensate [name of plaintiff] for the harm. This

compensation is called "damages."

The amount of damages must include an award for all harm that

[name of defendant] was a substantial factor in causing, even if the

particular harm could not have been anticipated.

[Name of plaintiff] must prove the amount of [his/her/its] damages.

However, [name of plaintiff] does not have to prove the exact

amount of damages that will provide reasonable compensation for

the harm. You must not speculate or guess in awarding damages.

To determine the amount of damages, you must:

1. Determine the fair market value that [name of plaintiff]

would have received if the representations made by [name

of defendant] had been true; and

2. Subtract the fair market value of what [he/she/it] did

receive.

The resulting amount is [name of plaintiff]’s damages. "Fair market

value" is the highest price that a willing buyer would have paid to

a willing seller, assuming:

1. That there is no pressure on either one to buy or sell; and

2. That the buyer and seller know all the uses and purposes

for which the [insert item] is reasonably capable of being

used.

Fair market value must be determined as of the date that [name of

plaintiff] discovered [name of defendant]’s [false representation/

failure to disclose].

[Name of plaintiff] may also recover amounts that [he/she/it]

reasonably spent in reliance on [name of defendant]’s [false

representation/failure to disclose/false promise] if those amounts

would not otherwise have been spent.

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