California Civil Jury Instructions (CACI) (2017)

3243. Consequential Damages

Download PDF
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.
New September 2003; Revised December 2011
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).
425
0045
• 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 (10th ed. 2005) Sales, § 206
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)
5 California Civil Practice: Business Litigation § 53:32 (Thomson Reuters)
CACI No. 3243 SONG-BEVERLY CONSUMER WARRANTY ACT
426
0046