HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 284 - Rejected InstructionCase No. 1:21-cv-02063-CNS-SBP Document 284 filed 11/02/23 USDC Colorado pg 1 of 2
OPEN’S AFFIRMATIVE DEFENSES – SETOFF1
Should you determine that the City has proved its breach of contract claim and
Open did not prove its affirmative defenses, you must then consider whether any damages you
award to the City are setoff by any amount you find the City owes to Open.
1 Taylor Morrison of Colo., Inc. v. Terracon Consultants, Inc., 2017 COA 64, ¶¶ 31-35 (where the
jury awards damages for breach, any set-offs for amounts received from other parties should first
be deducted before any adjustments are made to enforce contractual limitations on liability).
Case No. 1:21-cv-02063-CNS-SBP Document 284 filed 11/02/23 USDC Colorado pg 2 of 2