PJC Business 2024

PJC 115.10

D AMAGES

PJC 115.10 Sample Instructions—Deceptive Trade Practice Damages

Explanatory note: Damages instructions in DTPA actions are often necessarily fact-specific. Unlike most other form instructions in this volume, therefore, the follow ing sample instructions are illustrative only, using a hypothetical situation to give a few examples of how instructions may be worded to submit various legal measures of dam ages for use in connection with the DTPA damages question, PJC 115.9. Sample A—Loss of the benefit of the bargain The difference, if any, in the value of the paint job as it was received and the value it would have had if it had been as [ represented ] [ warranted ]. The differ ence in value, if any, shall be determined at the time and place the paint job was done. Sample B—Out of pocket The difference, if any, in the value of the paint job as it was received and the price Paul Payne paid for it. The difference, if any, shall be determined at the time and place the paint job was done. Sample C—Expenses The reasonable and necessary cost to repaint the truck. The reasonable and necessary interest expense that Paul Payne incurred on the loan he received to pay for the paint job. Sample D—Loss of use [The reasonable and necessary expense incurred in renting a car.] [The rea sonable rental value of a replacement vehicle.] Sample E—Lost profits Paul Payne ’s lost profits sustained in the past. Paul Payne ’s lost profits that, in reasonable probability, he will sustain in the future. Sample F—Lost time The reasonable value of the time spent by Paul Payne correcting or attempt ing to correct the problems with the paint job.

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