700.02. Breach of Contract Dispute as to Contract Formation INSTRUCTION 1 [Under Count __] [name of plaintiff] claims [he] [she] [it] is entitled to recover contract damages from [name of defendant] [names of defendants] for breach of contract. [Name of plaintiff] has the burden of proving: [1] The existence of [a contract] [an enforceable promise] between [name of plaintiff] and [name of defendant] [names of defendants]. [2] Performance by [name of plaintiff] [.] [of] [a] [all] [the] [obligation[s]] [condition[s]]. [or the occurrence of a condition] [.] [A valid reason why [name of plaintiff] did not have to perform [a] [all] [the] condition(s)]. [3] [[Name of defendant]'s] [[Names of defendants]'] failure to [adequately] perform [his] [her] [its] [their] obligation[s] under the contract. [4] Resulting damage to [name of plaintiff]. I will explain and define these legal terms elsewhere in these instructions. If you find from your consideration of all of the evidence that one or more of these elements has not been proved, you must find in favor of [name of defendant] [names of defendants]. [If you find from your consideration of all of the evidence that each of the above elements has been proven then you must find in favor of [name of plaintiff] and consider the amount of damages to be awarded.] [If you find that each of the above elements has been proved then you must consider [[name of defendant]'s] [[names of defendants]'] claim[s] of [an affirmative defense] [affirmative defenses].] [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden of proving the following affirmative defense[s]: [Identify the appropriate affirmative defense(s)] [Name of plaintiff] denies [[name of defendant]'s] [[names of defendants]'] [affirmative defense[s]]. If you find from your consideration of all of the evidence that [name of plaintiff] [has] [have] proven all of the elements of [his] [her] [its] [their] case and [name of defendant] [names of defendants] [has] [have] not proven [his] [her] [its] [their] affirmative defense[s], you must find in favor of [name of plaintiff] and consider the amount of damages to be awarded. If [name of defendant] [names of defendants] prove[s] [one of] [any of] [his] [her] [its] [their] affirmative defense[s], then [he] [she] [it] [they] [is] [are] relieved of [his] [her] [its] [their] obligations under the contract and you must find in favor of [name of defendant] [names of defendants].