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Civil Jury Instructions

Civil Jury Instructions Home

Jury ChairsPart 4: Contracts


Use for common-law contract claims only. Do not use for claims under the Uniform Commercial Code.

4.1 EXPRESS CONTRACTS
4.1-1 Elements of an Express Contract
4.1-2 Necessity for Definite Terms
4.1-3 Consideration
4.1-4 Adequacy of Consideration
4.1-5 Invalidity of Past Consideration
4.1-6 Meeting of the Minds
4.1-7 Offer and Acceptance
4.1-8 Offer
4.1-9 Acceptance
4.1-10 Time of Acceptance
4.1-11 Duration of Offer
4.1-12 Revocation of Offer
4.1-13 Irrevocable Offers - Option Contracts
4.1-14 Manner of Acceptance of an Option Contract
4.1-15 Breach of Contract

4.2 INTERPRETATION OF EXPRESS CONTRACTS
4.2-1 Effect of Contract Language
4.2-2 Consideration of Surrounding Circumstances
4.2-3 Contracts Are Not Made in Court
4.2-4 Contract Construed against the One Who Drew It
4.2-5 Interpret Contract as a Whole
4.2-6 Effect of Incorporated Documents
4.2-7 Conflicting Provisions - Specific Terms Govern over General Terms
4.2-8 Negotiated Terms Prevail over Standardized Terms
4.2-9 Time Provisions
4.2-10 Implied Term: Custom in the Industry/Usage of Trade
4.2-11 Implied Covenant of Good Faith and Fair Dealing
4.2-12 Parol Evidence Rule

4.2-13 Material Breach of Contract
4.2-14 Substantial Performance of a Contract
4.2-15 Defense - Undue Influence
4.2-16 Defense - Duress
4.2-17 Defense – Accord and Satisfaction
4.2-19 Defense - Novation
4.2-25 Defense – Anticipatory Breach (Repudiation)
4.2-26 Anticipatory Breach (Repudiation)

4.3 IMPLIED CONTRACTS

4.3-1 Promissory Estoppel
4.3-2 Contract Implied by Conduct (Implied-in-Fact)
4.3-3 Unjust Enrichment (Implied-In-Law or Quasi-Contract)
4.3-4 Statute of Limitations (Contract Implied by Conduct)

4.4 LEGAL RELATIONSHIPS
4.4-1 Minors
4.4-2 Guardianship
4.4-3 Mental Illness or Defect
4.4-4 Agency - Defined

4.4-5 Capacity to Contract - Actual or Implied Authority 
4.4-6 Capacity to Contract - Apparent Authority
4.4-7 Ratification by the Principal 
4.4-8 Knowledge or Notice of Agent Imputed to Principal
4.4-9 Termination of Agent's Actual Authority

4.4-10 Termination of Agent's Actual Authority - Notice to Third Parties
4.4-11 Termination of Agent’s Apparent Authority

4.4-18 Joint Ventures
4.4-19 Joint and Several Contracts
4.4-22 Assignment
4.4-25 Direct or Intended Beneficiary
4.4-26 Rights of Beneficiary and Promisee
4.4-30 Bailor – Bailee Relationships -- Bailment Bailor – Bailee
4.4-31 Bailor – Bailee Relationship

4.5 DAMAGES/REMEDIES
Damages - General

4.5-1 General Introduction
4.5-2 Damages - General
4.5-3 Components of Damages
4.5-4 Plaintiff's Burden of Proof as to Amounts
4.5-5 Plaintiff Cannot Recover More than Once for Same Loss

Types of Damages
4.5-6 Damages - Expectation/Benefit of the Bargain/Make Whole
4.5-7 Damages - Cover
4.5-8 Damages - Lost Profits
4.5-9 Damages - Reliance
4.5-10 Damages - Liquidated
4.5-11 Damages - Consequential
4.5-12 Damages - Incidental

Damages for Implied Contracts
4.5-13 Unjust Enrichment (Restitution)

Defenses to Damages Reductions
4.5-14 Mitigation of Damages

Additional Awards
4.5-15 Interest Pursuant to General Statutes § 37-3a
4.5-16 Interest Based on Contract
4.5-17 Attorneys' Fees Based on Contract

  

1. Preliminary and Trial Instructions2. General Instructions 3. Torts | 4. Contracts | 5. Miscellaneous Actions | 6. Verdict Forms


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