185.09. Magnuson-Moss Act-Measure of Damages-Breach of Warranty

185.09 Magnuson-Moss Act--Measure of Damages--Breach of Warranty If you decide for the Plaintiff on [his] claim for breach of warranty, you must fix the amount of money which will reasonably compensate the Plaintiff for damages naturally arising from the breach. In calculating Plaintiff's damages, you should determine that sum of money that will put the Plaintiff in as good a position as [he] would have been in if both Plaintiff and Defendant had performed all of their promises under the contract. The measure of damages for breach of warranty is the difference at the time and place of acceptance between the value of goods accepted and the value they would have had if they had been as warranted. Whether any of these elements of damages has been proven by the evidence is for you to determine. Instruction approved January 2007.