№ files_lp_3_process_9_07444
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Model jury instruction setting out the legal standards for awarding reliance damages and nominal damages in a civil breach of contract action.
Number:
24.09H
Title:
Breach of Contract—Reliance Damages
Jurisdiction:
United States
Area of Law:
Contract Law
Subject:
Reliance Damages in Breach of Contract Actions
Type of Document:
Jury Instruction
Related Provisions:
Instruction 24.11 (Nominal Damages); Instruction 24.09A
Legal Sources Cited:
Restatement (Second) of Contracts § 349; Restatement (Second) of Contracts § 344
Purpose:
Guidance to jury on awarding compensatory and nominal damages based on reliance interest
Applicable Context:
Civil action for breach of contract
Measure of Damages:
Expenditures made in preparation for or in performance of the contract, subject to reduction for proven loss
Price: 8 / 10 USD
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Type of document:
Contract supplement / construction contract conditions
Related document:
General Conditions
Subject:
Liquidated damages for delay in completion
Contracting authority:
Group Director (OGS D&C Contract Management)
Monetary penalty:
$1,000.00 per day for substantial completion delay; $500.00 per day for physical completion delay
Approval requirement:
Written approval required from Business Unit Leader and Contracting Officer for edits
Applicable section references:
Article 2, Article 13, Section 2.21, Section 2.12, Article 21, Section 011000
Jurisdiction/organization:
State (New York State OGS implied)
Language:
English
Court:
Court of Common Pleas, Cuyahoga County, Ohio
Case Number:
CV 16 867545
Judge:
William J. Coyne
Plaintiff:
Estate of Leona Maxim by Christine Guest, Executor
Defendants:
Kindred Nursing & Rehab – Stratford, et al.; KND Development 51, LLC d/b/s Kindred Transitional Care and Rehabilitation—Stratford
Document Type:
Jury instructions, interrogatories, and verdict form
Subject Matter:
Punitive damages; employer liability; alteration or falsification of medical records; attorney fees
Related Authority:
OJI-CV 537.07; OJI-CV 303.07; OJI-CV 315.37(11); Moskovitz v. Mt. Sinai Med. Ctr., 69 Ohio St.3d 638 (1994)
Date:
October 2016
Jurisdiction:
Cuyahoga County, Ohio
Note:
Year
Jurisdiction:
Supreme Court of Western Australia
Document number:
Form 35
Legislation referenced:
Rules of the Supreme Court 1971 Order 13 r. 3, 4, 14; Order 42 r. 1; Civil Judgments Enforcement Act 2004 s. 15
Subject matter:
Default judgment; assessment of damages; costs; enforcement of judgment
Type of document:
Court order form and notice to defendant
Issuing body:
Supreme Court of Western Australia
Addressee:
Defendant in civil proceedings
Related officer:
Registrar; Judicial officer; Taxing Officer
Date of insertion:
16 November 2016 (Gazette p. 52078)
Procedural context:
Entry of default judgment following certification of assessed damages and taxation of costs
Year:
[Not specified]
Region / City:
Sacramento, California
Subject:
Legal action, injunction
Document type:
Complaint
Organization / Institution:
Superior Court of California
Author:
Plaintiff (Your Name)
Target Audience:
Legal professionals, parties involved in the case
Effective period:
[Not specified]
Approval date:
[Not specified]
Date of amendments:
[Not specified]
Year:
2025-2026
Region / City:
Florida
Subject:
Liquidated damages, construction contract
Document type:
Contract amendment
Organization / Institution:
Florida Department of Transportation
Author:
Unknown
Target audience:
Contractors
Effective period:
From the date of contract signing
Approval date:
2023-09-21
Amendment date:
2023-05-24
Context:
A contract amendment outlining liquidated damages for failure to complete construction work on time, including specific daily charges based on the contract amount.
Year:
2026
Region / City:
Baton Rouge, LA
Topic:
Liquidated Damages Calculation
Document Type:
Procedure / Form
Author:
Facility Planning & Control
Target Audience:
Contractors, Project Managers
Period of Effectiveness:
N/A
Approval Date:
N/A
Amendment Date:
N/A
Year:
2001
Region / City:
Colorado
Topic:
Damages and Legal Instructions
Document Type:
Legal Instruction
Agency / Institution:
Court of Appeals, Colorado
Author:
Not specified
Target Audience:
Legal professionals, juries
Period of Validity:
Not specified
Approval Date:
Not specified
Amendment Date:
Not specified
Note:
Contextual Description
Note:
Year
Year:
2023
Region / City:
United States
Topic:
Legal instructions, personal injuries, damages
Document Type:
Legal guideline
Author:
Unknown
Target Audience:
Legal professionals, judges, and lawyers
Period of Validity:
Ongoing
Approval Date:
Not specified
Date of Changes:
Not specified
Year:
2021
Region / City:
Not specified
Document Type:
Construction contract clause
Subject:
Completion dates and assessment of liquidated damages
Organization / Agency:
Department of Transportation (implied)
Audience:
Contractors and project managers
Options for Completion Date:
Option 1, Option 2, Option 3
Liquidated Damages Rate:
$1,000 per hour or per day depending on option
Milestone Requirements:
Specified per project team verification
Tree Removal Restrictions:
May 15 – July 31, $477 per affected tree
Contractual References:
Section 108.07.03, Section 108.09
Completion Period Limitations:
Calendar/working days, seasonal/weather considerations
Notification Requirements:
Contractor must notify department of start date at least two weeks prior
Year:
1985
Region / City:
Florida
Topic:
Legal/Compensation
Document Type:
Legal Text
Organ / Institution:
Florida Statutes
Author:
Florida Legislative Committee
Target Audience:
Legal Professionals
Period of Effect:
Ongoing
Date of Approval:
1985
Date of Changes:
None
Year:
1989
Jurisdiction:
Wisconsin, USA
Subject:
Misrepresentation, Liability, Damages
Document Type:
Legal memorandum / law note
Institution:
Wisconsin Supreme Court, Wisconsin Judicial System
Audience:
Trial judges, legal practitioners
Legal References:
Economic Loss Doctrine, Wis. Stat. § 100.18, Wis. Stat. § 895.446
Misrepresentation Types:
Intentional, Strict Responsibility, Negligent
Damages Measurement:
Benefit-of-the-bargain, Out-of-pocket rule
Applications:
Property transactions, Residential and commercial real estate
Exceptions:
Personal injury, damage to other property, fraud in inducement
Year:
2001
Region / City:
Colorado
Subject:
Civil law, damages, legal defense
Document Type:
Legal instruction
Organization / Institution:
Colorado Court of Appeals
Author:
Colorado Court of Appeals
Target Audience:
Legal professionals, judges, and jurors
Effective Period:
2001
Approval Date:
2001
Amendment Date:
N/A
Context:
A legal source outlining instructions for determining damages and affirmative defenses in civil cases, including failure to mitigate and nonuse of safety belts.