By

DAMAGES; BENEFIT OF THE BARGAIN RULE

If, under the court’s instructions, you find that plaintiff is entitled to a verdict against the defendant, you must the award plaintiff damages in an amount that will reasonably compensate him for all the loss suffered by him and [proximately] [legally] caused by the misrepresentation upon which you base your finding of liability.

The amount of such award shall be the difference, if any, between the actual value of that which the plaintiff received and the value which it would have had if the misrepresentation had been true. This is sometimes referred to as the “benefit of the bargain.”

NEV. J.I. 9.08

BAJI 12.57

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.