CA · jury_instructions
CACI No. 309
Contract Formation—Acceptance
Both an offer and an acceptance are required to create a contract. [Name
of defendant] contends that a contract was not created because the offer
was never accepted. To overcome this contention, [name of plaintiff] must
prove both of the following:
1. That [name of defendant] agreed to be bound by the terms of the
offer. [If [name of defendant] agreed to be bound only on certain
conditions, or if [he/she/ nonbinary pronoun /it] introduced a new
term into the bargain, then there was no acceptance]; and
2. That [name of defendant] communicated [his/her/ nonbinary
pronoun/its] agreement to [name of plaintiff].
If [name of plaintiff] did not prove both of the above, then a contract was
not created.
New September 2003; Revised May 2020
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
5c1a1beae63afda1c204f4c0a7cab05f6081f56442a9e1fbe455530004623761
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