700.13 Damages If you decide for the [name of plaintiff], you must then decide how much money, if any, would fairly compensate [name of plaintiff] for [name of defendant's] [names of defendants's] breach of contract. [Name of plaintiff] has the burden of proving each element of damages claimed and that they occurred as a direct and natural result of [name of defendant's] [names of defendants's] breach. In calculating [name of plaintiff]'s damages, you should determine that sum of money that will put the [name of plaintiff] in as good a position as [he] [she] [it] would have been in if [both] [the] [name of plaintiff] and [name of defendant] [names of defendants] had performed all of their promises under the contract. The [name of plaintiff] seeks an award of several different categories of contract damages. [1] Direct damages for: [Here insert the elements of direct damages which have a basis in the evidence.] "Direct Damages" are the amount of gain [name of plaintiff] would have received if [both] [the] parties had fully performed the contract. You calculate the amount of this gain by determining the value of the contract benefits [name of plaintiff] did not receive because of [name of defendant's] [names of defendants's] breach and then subtracting from that value, the amount you calculate the value of whatever expenses [name of plaintiff] saved because of the breach. [2] Special damages for: [Here insert the elements of special damages which have a basis in the evidence.] Special damages are different from direct damages. [Name of plaintiff] must prove these damages were reasonably foreseeable by the parties when they entered into the contract. [3] Incidental damages for: [Here insert the elements of incidental damages which have a basis in the evidence.] Incidental damages are different from direct and special damages. "Incidental Damages" are costs that were reasonably spent either in responding to [name of defendant's] [names of defendants's] breach of the contract or in securing the benefits [name of defendant] [names of defendants] was [were] to have provided. You will address these issues in questions [__], [__], [etc.] on your verdict.