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AK · jury_instructions

Alaska Civil Pattern Jury Instruction 24.05B

Failure of Condition Precedent

activein force · 2022-01-01 – presentas-observed

[Plaintiff] and [defendant] agree that [defendant] was not required to perform its obligations under the contract unless [describe condition precedent]. [Plaintiff] claims that this event occurred, and therefore [defendant] was required to perform its contractual obligations. [Defendant] claims that this event did not occur, and therefore [defendant] was not required to perform its contractual obligations.

If you decide it is more likely true than not true that [describe event] occurred,

[you must return a verdict for [plaintiff] and decide the amount of [plaintiff’s] damages]

[OR]

[defendant was required to perform [his her its] contractual obligations unless [defendant] is excused for a reason that I will explain in a moment].

If you decide that is more likely true than not true that [describe event] did not occur, [defendant] was not required to perform [his her its] obligations under the contract, and you must return a verdict for [defendant].

History

Alaska Civil Pattern Jury Instructions 24.05B, 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
824f938e8373421974e9221329328814ed890bcbe242e6a9af72107085ffdd6e
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