361. Reliance Damages Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 If you decide that [name of defendant] breached the contract, [name of plaintiff] may recover the reasonable amount of money that [he/she/it] spent in preparing for contract performance. These amounts are called "reliance damages." [Name of plaintiff] must prove the amount that [him/her/it] was induced to spend in reliance on the contract. If [name of plaintiff] proves reliance damages, [name of defendant] may avoid paying [some/ [or] all] of those damages by proving [include one or both of the following]: [1. [or] [2. That [name of plaintiff] would have suffered a loss even if [name of defendant] had fully performed [his/her/its] obligations under the contract]. That [some/ [or] all] of the money that [name of plaintiff] spent in reliance was unnecessary;] ___________________________________________________________________________ New December 2015