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AMI 2528 Damages—Proof of Market Price

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2528
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 25. UCC Sales Contracts
AMI 2528 Damages—Proof of Market Price
The market price of goods is:
[the price of such goods prevailing at the time when (seller) (buyer) learned of the breach.]
[the price (prevailing within any reasonable time before or after the time described)(or)(at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the price prevailing at the time or place, making any proper allowance for the cost of transporting the goods to or from such other place).]
NOTE ON USE
Use this instruction with AMI 2519 or AMI 2524 when there is a jury question concerning the market price of the goods. Use the second bracketed paragraph if evidence of a price prevailing at the relevant time or place is not readily available.
COMMENT
This instruction is based on Ark. Code Ann. § 4-2-723. Evidence of a relevant price prevailing at a time or place other than when the claiming party learned of the breach offered by one party is not admissible unless and until the other party has been given such notice as is sufficient to prevent unfair surprise. See § 4-2-723(3) and Chappell Chevrolet, Inc. v. Strickland, 4 Ark. App. 108, 628 S.W.2d 25 (1982).
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