Jury Instructions

Many legal matters are settled between the parties without the need for a trial. However, a good test for how to proceed in most any legal matters is to look at the jury instructions that would be applicable. Below are jury instructions for a wide range of cases. 

302 Contract Formation – Essential Factual Elements

You claim that the parties entered into a contract. To prove that a contract was created, you must prove all of the following:

1.            That the contract terms were clear enough that the parties could understand what each was required to do;

2.             That the parties agreed to give each other something of value [a promise to do something or not to do something may have value]; and

3.            That the parties agreed to the terms of the contract.

[When you examine whether the parties agreed to the terms of the contract, ask yourself if, under the circumstances, a reasonable person would conclude, from the words and conduct of each party, that there was an agreement. You may not consider the parties’ hidden intentions.]

If you did not prove all of the above, a contract was not created.

303 Breach of contract – Essential Factual Elements

To recover damages for breach of contract, you must prove all of the following:

1.            That you and another person or entity entered into a contract;

[2.            That you did all, or substantially all, of the significant things that the contract required you to do;]

or

[2.             That you were excused from having to [specify things that the plaintiff did not do, e.g., obtain a guarantor on the contract];]

or

[3.            That specific condition(s) that did not occur were waived or excused;]

[4.            That the other party failed to do something that the contract required [him/her/it] to do; and]

[or]

[4.            That the other party did something that the contract prohibited [him/her/it] from doing; and]

5.             That you were harmed by the other party’s breach of contract.

 400   Negligence—Essential Factual Elements

You claim that you were harmed by the other party’s negligence. To establish this claim, you must prove all of the following:

1.             That the other party was negligent;

2.            That you were harmed; and

3.            That the other party’s negligence was a substantial factor in causing your harm.

 401 Negligence Basic Standard of Care

Negligence is the failure to use reasonable care to prevent harm to oneself or to others.

A person can be negligent by acting or by failing to act. A person is negligent if he or she does something that a reasonably careful person would not do in the same situation of fails to do something that a reasonably careful person would do in the same situation.

You must decide how a reasonably careful person would have acted in your situation.

 700 Vehicular Basic Standard of Care

A person must use reasonable care in driving a vehicle. Drivers must keep a lookout for pedestrians, obstacles, and other vehicles. They must also control the speed and movement of their vehicles. The failure to use reasonable care in driving a vehicle is negligence.

701 Definition of Right-of-Way

When the law requires a driver or pedestrian to “yield right-of-way” to another vehicle or pedestrian, this means that the driver or pedestrian must let the other vehicle or pedestrian go first.

Even is someone has the right-of-way, that person must use reasonable care to avoid an accident.

 702 Waiver of Right-of-Way

A driver or pedestrian who has the right-of-way may give up that right and let another vehicle or pedestrian go first. If a driver or pedestrian reasonably believes that another driver or pedestrian has given up the right-of-way, then he or she may go first.

 706 Basic Speed Law

A person must drive at a reasonable speed. Whether a particular speed is reasonable depends on the circumstances such as traffic, weather, visibility, and road conditions. Drivers must not drive so fast that they created a danger to people or property.

If you or the other party has proved that the other party or you were not driving at a reasonable speed at the time of the accident, then the other part or you were negligent.

707 Speed Limit

The speed limit where the accident occurred was [insert number] miles per hour.

The speed limit is a factor to consider when you decide whether or not you or the other party was negligent. A driver is not necessarily negligent just because he or she was driving faster than the speed limit. However, a driver may be negligent even if he or she was driving at or below the speed limit.

710 Duties of Care for Pedestrians and Drivers

The duty to use reasonable care does not require the same amount of caution from drivers and pedestrians. While both drivers and pedestrians must be aware that motor vehicles can cause serious injuries, drivers must use more care than pedestrians.

 1000 Premises Liability—Essential Factual Elements

 You claim that you were harmed because of the way the other party managed their property. To establish this claim, you must prove all of the following: 

1.            That the other party [owned/leased/occupied/controlled] the property;

2.             That the other party was negligent in the use or maintenance of the property;

3.             That you were harmed; and

4.             That the other party’s negligence was a substantial factor in causing your harm.

1100 Dangerous Conditions on Public Property—Essential Factual Elements

 You claim that you were harmed by a dangerous condition of the other party’s property. To establish this claim, you must prove all of the following:

1.             That the other party owned [or controlled] the property;

2.             That the property was in a dangerous condition at the time of the incident;

3.            That the dangerous condition created a reasonably foreseeable risk of the kind of incident that occurred;

4.             [That the negligent or wrongful conduct of the other party’s employee acting within the scope of his or her employment created the dangerous condition;]

[or]

            [That the other party had notice of the dangerous condition for a long enough time to have protected against it;]

5.             That you were harmed; and

6.            That the dangerous condition was a substantial factor in causing your harm.

1900 Intentional Misrepresentation

You claim that the other party made a false representation that harmed you. To establish this claim, you must prove all of the following:

1.             That the other party represented to you that a fact was true;

2.            That the other party’s representation was false;

3.             That the other party knew that the representation was false when he or she made it, or that he or she made the representation recklessly and without regard for its truth;

4.            That the other party intended that you rely on the representation;

5.             That you reasonably relied on the other party’s representation;

6.             That you were harmed; and

7            That your reliance on the other party’s representation was a substantial factor in causing your harm.

1901 Concealment

You claim that you were harmed because the other party concealed certain information. To establish this claim, you must prove all of the following:

[1.             (a) That the other party and you were [insert type of fiduciary relationship, e.g., “business partners”]; and

            (b) That the other party intentionally failed to disclose certain facts to you;]

or

[1.             That other party disclosed some facts to you but intentionally failed to disclose other facts, making the disclosure deceptive;]

or

[1.             That the other party intentionally failed to disclose certain facts that were known only to them and that you could not have discovered;]

 or

[1.             That the other party prevented you from discovering certain facts;]

2.             That you did not know of the concealed fact[s];

3.             That the other party intended to deceive you by concealing the facts;

4.             That had the omitted information been disclosed, you reasonably would have behaved differently;

5.             That you were harmed; and

6.             That the other party’s concealment was a substantial factor in causing your harm.

1902 False Promise

You claim that you were harmed because the other party made a false promise. To establish this claim, you must prove all of the following:

1.             That the other party made a promise to you;

2.             That the other party did not intend to perform this promise when they made it;

3.             That the other party intended that you rely on this promise;

4.             That you reasonably relied on the other party’s promise;

5.            That the other party did not perform the promised act;

6.            That you were harmed; and

7.            That your reliance on the other party’s promise was a substantial factor in causing your harm.

2000 Trespass—Essential Factual Elements

You claim that the other party trespassed on your property. To establish this claim, you must prove all of the following:

1.             That you [owned/leased/occupied/controlled] the property;

2.            That the other party intentionally, although not intending to do so, [recklessly [or] negligently]] entered your property]

or

[intentionally, although not intending to do so, [recklessly [or] negligently]] caused [another person/[insert name of thing]] to enter your property;

3.            That you did not give permission for the entry [or that the other party exceeded your permission];

4.            That you were actually harmed; and

5.            That the other party’s [entry/conduct] was a substantial factor in causing your harm.

[Entry can be on, above or below the surface of the land.]

[Entry may occur indirectly, such as by causing vibrations that damage the land or structure or other improvements on the land.]