AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.05A
Existence of Condition Precedent
[Defendant] claims that [plaintiff] and [defendant] agreed that [defendant] did not have to perform [his her its] obligations under their contract unless [insert description of event alleged to constitute a condition precedent]. [Plaintiff] claims that the parties to the contract did not agree that [defendant’s] obligation to perform was conditioned upon the occurrence of this event, and as a result, [defendant] was required to perform [his her its] obligation under the contract without regard to whether the event occurred.
The law requires that any agreement to make a party’s performance of its contractual obligations dependent upon the occurrence of an event must be expressed in plain, unambiguous language, or the agreement must arise by clear implication from the other contract terms and the circumstances of the contract. Otherwise, parties are required to perform their obligations under the contract without regard to whether the event occurred.
If you decide that it is more likely true than not true that [plaintiff] and [defendant] agreed, through clear and unambiguous language or by clear implication, that [defendant] was not required to perform [his her its] obligations under the contract unless [describe the claimed condition precedent], your verdict must be in favor of [defendant].
Otherwise,
[you must return a verdict for [plaintiff] and decide the amount of [his her its] damages]
[OR]
[[defendant] was required to perform [his her its] obligations under the contract, unless [he she it] is excused for a reason that I will explain in a moment].
History
Alaska Civil Pattern Jury Instructions 24.05A, 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
d8be7388b6a1ccbc47b5cbdb84a2bf6891147507ca51153a77d11c4a8bf14e6b
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