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CACI 1923

What Is Out of Pocket Damages Law in California

Out of Pocket Damages Law

What is the Law in California for Out of Pocket Damages- California Civil Jury Instruction CACI 1923

California Law

CA Civil Jury Instructions

CACI 1923 - Out of Pocket Damages

As of September 1, 2010

California Civil Jury Instruction CACI 1923

1923. Damages—"Out of Pocket" Rule

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 decide the amount of damages you must determine the [fair

market] value of what [name of plaintiff] gave and subtract from

that amount the [fair market] value of what [he/she/it] received.

["Fair market value" is the highest price that a willing buyer

would have paid on the date of the transaction 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.]

[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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