Last updated: 4/13/2015
185.10. Magnuson-Moss Act-Measure of Damages-Breach of Warranty-Leases
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Description
185.10 Preliminary Cautionary Instructions 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 present value at the time and place of acceptance of the difference between the value of the use of the goods [product] accepted and the value if they [it] had been as warranted for the lease term. Whether any of these elements of damages has been proven by the evidence is for you to determine. Instruction and Notes approved January 2007.