700.15 Damages: Measure for Seller's Breach If you find in favor of [name of plaintiff], you must decide how much money, if any, would fairly compensate [name of plaintiff] for the [[name of defendant]'s] [[names of defendants]'] breach of the 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]'] breach. In calculating [name of plaintiff]'s damages, you should determine that sum of money that will put [name of plaintiff] in as good a position as [he] [she] [it] would have been in if [name of plaintiff] and [name of defendant] [names of defendants] had performed all of their promises under the contract. [Name of plaintiff] seeks an award of several different categories of contract damages [insert whichever appropriate]: [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. The measure of direct damages in this case is the contract price minus the fair market value of the property at the time [name of plaintiff] was supposed to get the property, minus the contract price minus the unpaid portion of the contract price. The fair market value of the property is the amount a willing seller and buyer would agree upon for the property if both were fully informed about the property and neither of them was under any particular pressure to buy or sell. [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]'] breach of the contract or in securing the benefits [name of defendant] [names of defendants] [was] [were] to have provided. The measure of direct damages in this case is the contract price minus the fair market value of the property at the time [name of plaintiff] was supposed to get the property, minus the contract price minus the unpaid portion of the contract price. The fair market value of the property is the amount a willing seller and buyer would agree upon for the property if both were fully informed about the property and neither of them was under any particular pressure to buy or sell. You will address these issues in questions [__], [__], [etc.] on your verdict.