CACI 3242 Incidental Damages

California Civil Jury Instructions CACI

3242 Incidental Damages

[Name of plaintiff] also claims additional reasonable expenses for [list claimed incidental damages].

To recover these expenses, [name of plaintiff] must prove all of the following:

1.That the expense was actually charged;

2.That the expense was reasonable; and

3.That [name of defendant]’s [breach of warranty/[other violation of Song-Beverly Consumer Warranty Act]] was a substantial factor in causing the expense.

Directions for Use

This instruction is for use if incidental damages are sought in an action under the Song-Beverly Consumer Warranty Act. Incidental damages are allowed as part of the restitution remedy for new motor vehicles. (Civ. Code, § 1793.2(d)(2)(B).) See also CACI No. 3241, Restitution From Manufacturer—New Motor Vehicle.

With regard to claims for consumer goods, the availability of incidental damages may be limited. If the plaintiff has elected to accept the goods, incidental damages under California Uniform Commercial Code section 2715 and the cost of repairs required to make the goods conform to the warranty are allowed. (Civ. Code, § 1794(b)(2).) If the buyer has rightfully rejected or justifiably revoked acceptance, incidental damages are allowed under California Uniform Commercial Code sections 2711, 2712, and 2713 for the seller’s nondelivery or repudiation of the contract or in connection with cover (obtaining replacement goods from another seller). (Civ. Code, § 1794(b)(1).) If any of these matters are disputed, additional instructions will be required on these points.

If incidental damages are otherwise recoverable, they are recoverable regardless of the nature of the claim under Song-Beverly. (See Civ. Code, § 1794(b) [statute covers all Song-Beverly actions].)

Sources and Authority

Measure of Buyer’s Damages: Commercial Code Remedies Available. Civil Code section 1794(b).

Restitution Includes Incidental Damages. Civil Code section 1793.2(d)(2)(B).

Buyer’s Remedies for Seller’s Breach. California Uniform Commercial Code section 2711(1).

Incidental Damages Recoverable. California Uniform Commercial Code sections 2712(2), 2713(1).

“Incidental Damages” Defined. California Uniform Commercial Code section 2715(1).

“In light of the relevant legislative history and express language in the Act, we conclude California Uniform Commercial Code section 2715’s reference to losses must be construed and applied in the context of monetary losses actually incurred.” (Bishop v. Hyundai Motor America (1996) 44 Cal.App.4th 750, 756 [52 Cal.Rptr.2d 134], original italics.)

Secondary Sources

4 Witkin, Summary of California Law (11th ed. 2017) Sales, § 325 et seq.
44 California Forms of Pleading and Practice, Ch. 502, Sales: Warranties, § 502.160 (Matthew Bender)
20 California Points and Authorities, Ch. 206, Sales, § 206.43 (Matthew Bender)
California Civil Practice: Business Litigation § 53:32 (Thomson Reuters)