700.10. Breach of Contract-No Dispute as to Contract Formation

700.10 Breach of Contract--No Dispute as to Contract Formation Generally, if a party fails to perform its obligations according to the terms of the contract, the party has breached the contract. You must decide whether [name of defendant] [names of defendants] failed to do what [he] [she] [it] [they] [was] [were] required to do under the contract. As stated in Instruction 1, the third element of a contract claim which [name of plaintiff] must prove is [[name of defendant]'s] [[names of defendants]'] breach of the contract. To recover on [his] [her] [its] claim, [name of plaintiff] has the burden to prove the defendant[s] failed to do something the contract required [him] [her] [it] [them] to do. [Name of plaintiff] claims and has the burden of proving that under the contract [name of defendant] [names of defendants] [was] [were] required to do [or not do] the following: [State what the plaintiff claims to be the defendant's/defendants' breach.] [[Name of defendant] [Names of defendants] [claims] [claim] [he] [she] [it] [they] did not breach the contract because the parties agreed [name of defendant] [names of defendants] did not have to keep [his] [her] [its] [their] promise unless [insert condition or state obligation]. [Name of defendant] [Names of defendants] also claim[s] [name of plaintiff] failed to [insert condition or state obligation]. The law regarding conditions will be explained in detail in a later instruction.] You will address these issues in question [__] on your verdict.