AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.04C
Plaintiff's Anticipatory Breach by Repudiation - Unequivocal
[Defendant] claims that [his her its] failure, if any, to perform [his her its] obligations under the contract is excused because before [defendant] was required to perform, [plaintiff] indicated that [he she it] would not perform [his her its] obligations under the contract.
A party to a contract is excused from performing its obligations under a contract if the other party to the contract clearly indicates in advance that [he she it] will not or cannot perform [his her its] contractual obligations. Words or conduct that are ambiguous, or that merely raise doubts about a party’s future performance, are not enough to excuse the other party from performing [his her its] obligations.
You must decide if it is more likely true than not true that [plaintiff’s] words or conduct, as reasonably interpreted, clearly indicated that [he she it] would not or could not perform [his her its] obligations under the contract. If so, [defendant] was excused from performing [his her its] obligations under the contract, and [defendant] did not breach the contract by failing to perform.
Otherwise, [defendant's] failure to perform [his her its] obligations under the contract is not excused [for this reason].
History
Alaska Civil Pattern Jury Instructions 24.04C, dated (Revised 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
062b35f5dbd134dc8d98f7e950911d4514ecd88dcea8cba077363e5afa7a1d0c
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.