AMI 2526 Seller's Damages After Resale of Goods

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2526

Arkansas Model Jury Instructions-Civil

December 2023 Update

Arkansas Supreme Court Committee On Jury Instructions-Civil

Chapter 25. UCC Sales Contracts

AMI 2526 Seller's Damages After Resale of Goods

[If you decide for (seller) on the question of (insert particular issue involved)] [If an interrogatory requires you to assess the damages of (seller)], then you should consider (seller)'s contention that [he][she][it] is entitled to recover damages after resale of (the goods).

In order to recover any such damages, (seller) first has the burden of proving that the resale was made in good faith and in a commercially reasonable manner.

If you decide for (seller) on that issue, 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:

[(First:) the difference between the resale price of (the goods) and the contract price] [and]

[(Second:) any incidental damages as explained in these instructions]

[Less any expenses saved by (seller) as a result of (buyer)'s breach].

Whether [this][either 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 claims damages after resale of the goods.

Use the bracketed paragraph regarding expenses when there is evidence that the seller saved expenses as a result of the buyer's breach.

Additional instructions consistent with Ark. Code Ann. § 4-2-706(2) to (6) regarding the nature and terms of the resale, e.g., private or public sale, may be needed if there is evidence that the resale involved those issues.

Use AMI 2527 with this instruction when there is a jury question concerning the seller's incidental damages.

COMMENT

This instruction is based on Ark. Code Ann. § 4-2-706.

See also McMillan v. Meuser Material & Equip. Co., Inc., 260 Ark. 422, 425–426, 541 S.W.2d 911, 912 (1976) (what is a reasonable time for a resale depends upon the nature of the goods, the conditions of the market and the other circumstances of the case, citing Comment 5 to § 4-2-706).

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