321. Existence Of Condition Precedent Disputed

321. Existence of Condition Precedent Disputed Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that the contract with [name of plaintiff] provides that [he/she/it] was not required to [insert duty] unless [insert condition precedent]. [Name of defendant] must prove that the parties agreed to this condition. If [name of defendant] proves this, then [name of plaintiff] must prove that [insert condition precedent]. If [name of plaintiff] does not prove that [insert condition precedent], then [name of defendant] was not required to [insert duty]. ___________________________________________________________________________ New September 2003