Jury Instruction - Damages for Breach of Contract - Mississippi 2025

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Compensatory Damages. Compensatory damages compensate the non-breaching party for the actual financial losses suffered as a direct result of the breach of contract. Consequential Damages. Incidental Damages. Punitive Damages. Nominal Damages.
Are you wondering about seeking damages for breach of contract? There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission.
Punitive damages are considered punishment and are typically awarded at the courts discretion when the defendants behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. OGilvie Minors v.
Following a material breach, the innocent party may seek legal help to resolve the issue. Legal remedies may include suing for damages and, in some cases, terminating the contract. Open discussions and mediation can help both parties to resolve the situation before it escalates.
In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this Code.

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The jury is then responsible for determining what amount of damages, if any, will be awarded to the plaintiff. When they do this, they will be awarding a verdict as opposed to a settlement.
The majority of American jurisdictions do not allow punitive dam- ages for breach of contract unless the breach constitutes an independ- ent tort.

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