1. 1 REMEDIES Class 4

2. CAJIC 350 If you decide that [name of plaintiff] has proved [his/her/its] claim against [name of defendant] for breach of contract, you also must decide how much money will reasonably compensate [name of plaintiff] for the harm caused by the breach. This compensation is called "damages." The purpose of such damages is to put [name of plaintiff] in as good a position as [he/she/it] would have been if [name of defendant] had performed as promised. To recover damages for any harm, [name of plaintiff] must prove: 1. That the harm was likely to arise in the ordinary course of events from the breach of the contract; or 2. That when the contract was made, both parties could have reasonably foreseen the harm as the probable result of the breach. [Name of plaintiff] also must prove the amount of [his/her/its] damages according to the following instructions. [He/She/It] does not have to prove the exact amount of damages. You must not speculate or guess in awarding damages. [Name of plaintiff] claims damages for [identify general damages claimed].

3. CACI 351. Special Damages [Name of plaintiff] [also] claims damages for [identify special damages]. To recover for this harm, [name of plaintiff] must prove that when the parties made the contract, [name of defendant] knew or reasonably should have known of the special circumstances leading to such harm.

4. CACI 352. Loss Of Profits--No Profits Earned To recover damages for lost profits, [name of plaintiff] must prove that it is reasonably certain [he/she/it] would have earned profits but for [name of defendant]'s breach of the contract. To decide the amount of damages for lost profits, you must determine the gross, or total, amount [name of plaintiff] would have received if the contract had been performed and then subtract from that amount the costs [including the value of the labor/materials/rents/expenses/interest on loans invested in the business]] [name of plaintiff] would have had if the contract had been performed. You do not have to calculate the amount of the lost profits with mathematical precision, but there must be a reasonable basis for computing the loss.

5. CACI 358. Mitigation Of Damages If [name of defendant] breached the contract and the breach caused harm, [name of plaintiff] is not entitled to recover damages for harm that [name of defendant] proves [name of plaintiff] could have avoided with reasonable efforts or expenditures. You should consider the reasonableness of [name of plaintiff]'s efforts in light of the circumstances facing [him/her/it] at the time, including [his/her/its] ability to make the efforts or expenditures without undue risk or hardship. If [name of plaintiff] made reasonable efforts to avoid harm, then your award should include reasonable amounts that [he/she/it] spent for this purpose.

6. CACI 3928. Unusually Susceptible Plaintiff You must decide the full amount of money that will reasonably and fairly compensate [name of plaintiff] for all damages caused by the wrongful conduct of [name of defendant], even if [name of plaintiff] was more susceptible to injury than a normally healthy person would have been, and even if a normally healthy person would not have suffered similar injury.

7. CACI 3930. Mitigation Of Damages If you decide [name of defendant] is responsible for the original harm, [name of plaintiff] is not entitled to recover damages for harm that [name of defendant] proves [name of plaintiff] could have avoided with reasonable efforts or expenditures. You should consider the reasonableness of [name of plaintiff]'s efforts in light of the circumstances facing [him/her] at the time, including [his/her] ability to make the efforts or expenditures without undue risk or hardship. If [name of plaintiff] made reasonable efforts to avoid harm, then your award should include reasonable amounts that [he/she] spent for this purpose.