What is the Law in California for Seller’s Damages for Sale of Property - California Civil Jury Instruction CACI 1922

California Law

CA Civil Jury Instructions

CACI 1922 - Seller’s Damages for Sale of Property

As of September 1, 2010

California Civil Jury Instruction CACI 1922

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."

[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.

The following are the specific items of damages claimed by [name

of plaintiff]:

1. The difference between the fair market value of the

property at the time of sale and [the amount that [name of

plaintiff] received] [or] [the fair market value of what [name

of plaintiff] received in exchange for the property];

2. Amounts that [name of plaintiff] reasonably spent in reliance

on [name of defendant]’s [false representation/failure to

disclose/promise] if those amounts would not otherwise

have been spent in the sale or exchange of the property;

3. Loss of use and enjoyment of the property from [insert

beginning date] to [insert end date], to the extent that [name

of defendant]’s [false representation/failure to

disclose/promise] was a substantial factor in causing that

loss of use and enjoyment of the property;

4. Profits or other gains from [insert beginning date] to [insert

end date], that [name of plaintiff] might reasonably have

earned by use of the property if [he/she] had kept it; and

5. Any additional damage arising from the particular

transaction.

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