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4.5-10  Damages - Liquidated

Revised to January 1, 2008

The plaintiff claims that the contract entitles (him/her/it) to liquidated damages.  The contract provides <insert liquidated damages clause>.  The plaintiff claims that that clause means <insert plaintiff's contention>.  The defendant claims that that clause means <insert defendant's contention>.  You should interpret what the parties meant by that clause in accordance with the instructions I gave you earlier on contract interpretation.  <See Instructions 4.2-1 through 4.2-12.>

You should award the plaintiff liquidated damages if you find that these three conditions are met: 1) the damages that were to be expected as a result of a breach was of an uncertain amount or difficult to prove; 2) the parties intended to specify in the contract a certain liquidated sum to be awarded as damages; and 3) that certain sum specified in the contract was reasonable.  You may not award liquidated damages together with actual damages.

Authority

Bellamare v. Wachovia Mortgage Corp., 284 Conn. 193, 195 (2007); Hanson Development Co. v. East Great Plains Shopping Center, Inc., 195 Conn. 60, 64-65 (1985); King Motors, Inc. v. Delfino, 136 Conn. 496, 498 (1950).

Notes

Typically, this issue would not go to a jury.  However, if there is a fact question as to the parties' intent, it may be appropriate to refer this to the jury.  See 25 C.J.S. 1036 Damages § 102 (1966).
 


 

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