New Mexico Forms Library

13-843A.  Special or consequential damages.

In addition to direct damages, ____________________ (name of party asserting breach) also seeks to recover damages for ____________________ (describe damages alleged to have happened as the result of special circumstances, beyond the ordinary course of events, that the breaching party had reason to know).

To recover for these alleged damages, _______________ (name of party asserting breach) must prove the following:

1.         When the contract was made, ______________ (name of opposing party) had reason to know that these damages would probably result from [his] [her] [its] breach;

2.         These damages were in fact caused by __________________ (name of opposing party)=s breach of contract; and

3.         The amount of damages.

USE NOTE

This instruction should be inserted into Part 2 of UJI 13-843 NMRA if the court determines as a matter of law that any of the elements of damages being sought constitute consequential damages (also called special damages).  As drafted, this instruction is intended for use in common-law contracts cases.

[Adopted by Supreme Court Order No. 15-8300-005, effective for all cases filed or pending on or after December 31, 2015; as amended by Supreme Court Order No. 18-8300-013, effective for all cases pending or filed on or after December 31, 2018.]