AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.00B
Breach of Contract – Introduction Additional Elements and Affirmative Defenses
[Plaintiff] claims that [he she it] had a contract with [defendant], and that [defendant] breached the contract. [Plaintiff] is seeking an award of damages for [defendant’s] breach of the contract.
In order to find in favor of [plaintiff] on this claim, you must decide that it is more likely true than not true that:
(1) There was a contract between [plaintiff] and [defendant];
[(2) [[Plaintiff] performed [his her its] obligations under the contract.] [[Plaintiff] substantially performed [his her its] obligations under the contract.] [Plaintiff was excused from performing [his her its] obligations under the contract.]
[(3) [Describe condition precedent to defendant’s performance] occurred.]
(4) [Defendant] breached the contract.
Option One--when no affirmative defenses:
If you decide that each element of this claim is more likely true than not true, your verdict on this claim must be in favor of [plaintiff] and you must determine the amount of the damages to be awarded to [plaintiff]. Otherwise, your verdict on this claim must be in favor of [defendant].
Option Two--When there are affirmative defenses:
If you do not decide that each element of this claim is more likely true than not true, your verdict on this claim must be in favor of [defendant].
If you decide that each element of this claim is more likely true than not true, you must then consider [defendant]’s defense[s]. I will instruct you concerning the legal requirements for [this defense] [these defenses]. If you decide that all of the requirements for [this defense] [any of these defenses] are met, then your verdict must be in favor of [defendant]. If you decide that the requirements for [this defense] [these defenses] have not been met, your verdict must be in favor of [plaintiff] and you must determine the amount of the damages to be awarded to [plaintiff].
Option Three—When there are affirmative defenses relating solely to defendant’s nonperformance of the contract
If you do not decide that each element of this claim is more likely true than not true, your verdict on this claim must be in favor of [defendant].
If you decide that each element of this claim is more likely true than not true, you must decide whether the law excused [defendant] from performing its obligations under the contract. If you decide that the law excused [defendant] from performing its obligations under the contract, your verdict will be for [defendant]. If you decide that the law did not excuse [defendant] from performing its obligations under the contract, your verdict must be in favor of [plaintiff] and you must determine the amount of the damages, if any, to be awarded to [plaintiff]. In a moment, I will instruct you further concerning this issue.
History
Alaska Civil Pattern Jury Instructions 24.00B, dated (2022). Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
7c6a0a0032abd45c7f93c0b7c6e270ac668278cd943ba083109624c97880d7b2
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.