308. Contract Formation--Revocation of Offer Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 Both an offer and an acceptance are required to create a contract. [Name of defendant] contends that the offer was withdrawn before it was accepted. To overcome this contention, [name of plaintiff] must prove one of the following: 1. 2. 3. That [name of defendant] did not withdraw the offer; or That [name of plaintiff] accepted the offer before [name of defendant] withdrew it; or That [name of defendant]'s withdrawal of the offer was never communicated to [name of plaintiff]. If [name of plaintiff] did not prove any of the above, then a contract was not created. ___________________________________________________________________________ New September 2003