CACI 3243 Consequential Damages

California Civil Jury Instructions CACI

3243 Consequential Damages

[Name of plaintiff] also claims additional amounts for [list claimed consequential damages].

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

1.That [name of defendant]’s [describe violation of Song-Beverly Consumer Warranty Act] was a substantial factor in causing damages to [name of plaintiff];

2.That the damages resulted from [name of plaintiff]’s requirements and needs;

3.That [name of defendant] had reason to know of those requirements and needs at the time of the [sale/lease] to [name of plaintiff];

4.That [name of plaintiff] could not reasonably have prevented the damages; and

5.The amount of the damages.

Directions for Use

This instruction is for use if the plaintiff claims consequential damages under the Song-Beverly Consumer Warranty Act based on the plaintiff’s foreseeable needs or requirements. (See Civ. Code, § 1794(b); Cal. U. Com. Code, § 2715(2)(a).)

The availability of consequential damages under Song-Beverly may be limited. If the plaintiff has elected to accept the goods, consequential 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, consequential 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 consequential 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: California Uniform Commercial Code Remedies Available. Civil Code section 1794(b).

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

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

“Consequential Damages” Defined. California Uniform Commercial Code section 2715(2).

“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, § 207
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 et seq. (Matthew Bender)
California Civil Practice: Business Litigation § 53:32 (Thomson Reuters)