700.03. Proof of Formation of Contract

700.03 Proof of Formation of Contract As stated in Instruction 1, the first element of a contract claim [name of plaintiff] must prove is the existence of a contract. There is a contract if [name of plaintiff] proves there was an offer by one party, acceptance by the other [party] [parties] and consideration between the parties. [Name of plaintiff] claims the parties entered into a contract which had the following terms: [State the material terms of the alleged contract] To prove the existence of a contract between [among] [name of plaintiff] and [name of defendant] [names of defendants], [name of plaintiff] has the burden of proving each of the following propositions: First, [name of plaintiff] must make or have made an offer to [name of offeree]. An "offer" is a communication of a willingness to enter into a contract. The communication must satisfy four conditions: [1] [2] [3] [4] the communication must have included a definite promise by the person making the communication, showing a willingness to make an agreement; the important and necessary terms must be definite; the terms must be communicated by words or conduct to the other [party] [parties]; and the communication must give the other [party] [parties] the power to agree to its terms. Second, [name of offeree] accepted the offer made by [name of offeror]. "Acceptance" of an offer is a communication of agreement to the terms of the offer. For the acceptance to be valid: [1] [2] [Name of offeree] must agree to all of the material terms of the offer; and [name of offeree] must have communicated agreement to [name of offeror] [according to the terms specified in the offer] [by writing, spoken words, actions or any other conduct that would indicate agreement to a reasonable person] [performed the act[s] specified by the offer], or [performed the act [s] that the offer specified]. Third, the agreement included an exchange of promises or value, which is known as consideration. There is sufficient consideration if [name of plaintiff] can prove that something of value was bargained for by the parties and given by one party in exchange for the other's promise. "Something of value" may consist of a promise, an act, a promise to act or not act, or any payment that was of benefit to one party or a disadvantage to the other. You will address these issues in questions [__] and [__] on your verdict.