Civil Jury Instructions Home

4.5-6  Damages - Expectation/Benefit of the Bargain/Make Whole

Revised to January 1, 2008

Any damages you award on the __ count should be designed to place the plaintiff, so far as can be done by money, in the same position as that which (he/she/it) would have been in had the contract been fully performed.  You should determine the fair and reasonable value, in money, of the position the plaintiff would have been in if the defendant had fully performed the contract.  Then you should determine the fair and reasonable value, in money, of the position the plaintiff was in at the time of the defendant's breach of the contract.  The difference between the amount for performance and the amount for breach should be your award.

Authority

Ambrogio v. Beaver Road Associates, 267 Conn. 148, 155 (2003); Beckman v. Jalich Homes, Inc., 190 Conn. 299, 309-10 (1983); Lar Rob Bus Corp. v. Fairfield, 170 Conn. 397, 404-405 (1976); Bachman v. Fortuna, 145 Conn. 191, 194 (1958).