4.5-12 Damages - Incidental
Revised to January 1, 2008
In addition to damages for
<describe theory(ies) of direct damages>, any damages you award on the __
count also may include amounts to compensate the plaintiff for incidental
damages. Incidental damages are reasonable expenses incident to the breach.
The plaintiff claims that <insert claimed damages> were incidental
damages. If you find that the plaintiff reasonably incurred those costs either
in responding to the breach or in securing the benefit that the defendant's
performance was to have provided, then you should award the fair and reasonable
value of those costs as incidental damages.