VF 301. Breach Of Contract Affirmative Defense Unilateral Mistake Of Fact

VF-301. Breach of Contract--Affirmative Defense--Unilateral Mistake of Fact Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Was [name of defendant] mistaken about [insert description of mistake]? ____Yes ____No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Did [name of plaintiff] know that [name of defendant] was mistaken and use that mistake to take advantage of [him/ her/it]? ____Yes ____No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Was [name of defendant]'s mistake caused by [his/her/its] excessive carelessness? ____Yes ____No If your answer to question 3 is no, then answer question 4. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Would [name of defendant] have agreed to enter into the contract if VF-301. Breach of Contract--Affirmative Defense--Unilateral Mistake of Fact Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [he/she/it] had known about the mistake? ____Yes Signed: Dated: After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. ___________________________________________________________________________ New April 2004; Revised December 2010 ____No Presiding Juror