CA · jury_instructions
CACI No. 323
Waiver of Condition Precedent
[Name of plaintiff] and [name of defendant] agreed in their contract that
[name of defendant] would not have to [insert duty] unless [insert condition
precedent]. That condition did not occur. Therefore, [name of defendant]
contends that [he/she/ nonbinary pronoun/it] did not have to [insert duty].
To overcome this contention, [name of plaintiff] must prove by clear and
convincing evidence that [name of defendant], by words or conduct, gave
up [his/her/ nonbinary pronoun/its] right to require [insert condition
precedent] before having to [insert duty].
New September 2003; Revised December 2013
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
75cb3029a4ebe6dff09fe1224f5d017ff41fc7d550ee3c2a0ce589ac5e350203
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