328. Breach of Implied Duty to Perform With Reasonable Care--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 The parties' contract requires that [name of defendant] [specify performance alleged to have been done negligently, e.g., install cable television service]. It is implied in the contract that this performance will be done competently and with reasonable care. [Name of plaintiff] claims that [name of defendant] breached this implied condition. To establish this claim, [name of plaintiff] must prove all of the following: 1. [2. That [name of plaintiff] and [name of defendant] entered into a contract; That [name of plaintiff] did all, or substantially all of the significant things that the contract required [him/her/it] to do;] [or] [2. That [name of plaintiff] was excused from having to [specify things that plaintiff did not do, e.g., obtain a guarantor on the contract];] [3. That [specify occurrence of all conditions required by the contract for [name of defendant]'s performance, e.g., the property was rezoned for residential use];] [or] [3. That 4. [specify conditions that did not occur] [was/were] [waived/excused];] That [name of defendant] failed to use reasonable care in [specify performance]; and 328. Breach of Implied Duty to Perform With Reasonable Care--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 5. That [name of plaintiff] was harmed by [name of defendant]'s conduct. ______________________________________________________________________________ New June 2015