302. Contract Formation Essential Factual Elements

302. Contract Formation--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that the parties entered into a contract. To prove that a contract was created, [name of plaintiff] must prove all of the following: 1. 2. 3. That the contract terms were clear enough that the parties could understand what each was required to do; That the parties agreed to give each other something of value [a promise to do something or not to do something may have value]; and That the parties agreed to the terms of the contract. [When you examine whether the parties agreed to the terms of the contract, ask yourself if, under the circumstances, a reasonable person would conclude, from the words and conduct of each party, that there was an agreement. You may not consider the parties' hidden intentions.] If [name of plaintiff] did not prove all of the above, then a contract was not created. ___________________________________________________________________________ New September 2003; Revised October 2004, June 2011, June 2014