3243. Consequential Damages

3243. Consequential Damages Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] also claims additional amounts for [list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]; That the damages resulted from [name of plaintiff]'s requirements and needs; That [name of defendant] had reason to know of those requirements and needs at the time of the [sale/lease] to [name of plaintiff]; That [name of plaintiff] could not reasonably have prevented the damages; and The amount of the damages. 2. 3. 4. 5. ________________________________________________________________________________ New September 2003; Revised December 2011