AMI 2524 Seller's Damages—Buyer's Non–Acceptance or Repudiation
Ark. Model Jury Instr., Civil AMI 2524
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 25. UCC Sales Contracts
AMI 2524 Seller's Damages—Buyer's Non–Acceptance or Repudiation
[If you decide for (seller) on the question of (insert particular issue involved)] [If an interrogatory requires you to assess the damages of (seller)], you must then fix the amount of money that will reasonably and fairly compensate [him][her][it] for [any of] the following (number) element(s) of damage:
[The difference between the market price of (the goods) at the time and place for tender and the unpaid contract price] [and] [any incidental damages as explained in these instructions, but less expenses saved in consequence of the breach by (buyer).]
[The profit (including reasonable overhead) which (seller) would have made from full performance by (buyer),] [and][any incidental damages as explained in these instructions][and] [(costs reasonably incurred by (seller)) (less) (payments made by (buyer)) (and) (the proceeds of any resale of (the goods)).]
Whether [this][(either) (any) of these] element(s) of damage has been proved by the evidence is for you to determine.
NOTE ON USE
Use this instruction when the seller seeks damages for non-acceptance or repudiation by the buyer pursuant to Ark. Code Ann. § 4-2-708. Since the issue of the seller's damages can come before the jury in a number of ways (e.g., the buyer's failure properly to reject, the buyer's acceptance of goods, or the buyer's failure to properly revoke acceptance), the practitioner should insert the particular circumstance in the first sentence if the issue is submitted on a general verdict. Use the first set of bracketed elements when that measure of damages would put the seller in as good a position as performance by the buyer would have done. Otherwise, use the second set of bracketed elements.
Use this instruction with AMI 2527 (Seller's Incidental Damages) and AMI 2528 (Proof of Market Price) when there are jury questions concerning those issues.
COMMENT
This instruction is based on Ark. Code Ann. § 4-2-708. This instruction provides the measures of damage for non-acceptance or repudiation. The measures of damage when the seller seeks the price of the goods (Ark. Code Ann. § 4-2-709) or damages after resale (Ark. Code Ann. § 4-2-706) are provided in AMI 2525 and AMI 2526, respectively.
If the difference between the market price and the contract price is inadequate to put the seller in as good a position as performance would have done, a seller can obtain lost profits as specified in Ark. Code Ann. § 4-2-708(2).
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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