311. Contract Formation--Rejection of Offer Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] contends that the offer to enter into a contract terminated because [name of plaintiff] rejected it. To overcome this contention, [name of plaintiff] must prove both of the following: 1. 2. That [name of plaintiff] did not reject [name of defendant]'s offer; and That [name of plaintiff] did not make any additions or changes to the terms of [name of defendant]'s offer. If [name of plaintiff] did not prove both of the above, then a contract was not created. ___________________________________________________________________________ New September 2003