307. Contract Formation--Offer Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 Both an offer and an acceptance are required to create a contract. [Name of defendant] contends that a contract was not created because there was never any offer. To overcome this contention, [name of plaintiff] must prove all of the following: 1. 2. 3. That [name of plaintiff] communicated to [name of defendant] that [he/she/it] was willing to enter into a contract with [name of defendant]; That the communication contained specific terms; and That, based on the communication, [name of defendant] could have reasonably concluded that a contract with these terms would result if [he/she/it] accepted the offer. If [name of plaintiff] did not prove all of the above, then a contract was not created. ___________________________________________________________________________ New September 2003