§ 29.9 Jury Instructions

• Library: Damages (OSBar) (2016 Ed.)

§ 29.9 JURY INSTRUCTIONS

Under the rule of Dean Vincent, Inc. v. McDonough, 281 Or 239, 244-47, 574 P2d 1096 (1978), disapproved by DiTommaso Realty, Inc. v. Moak Motorcycles, Inc., 309 Or 190, 785 P2d 343 (1990), the proponent of a liquidated-damages provision need not submit requested jury instructions with respect to its enforceability. The proponent need only request jury instructions about the existence and breach of the contract and, if actual damages are sought as an alternative to liquidated...