Nevada Jury Instructions: Damages; Benefit Of The Bargain Rule

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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. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.