Conn. Civ. Jury Instr. 4.2-27

Some contracts require that a party accomplish some task, or that some circumstance exist,

before the contract may be enforced against another party to the contract. These pre-enforcement requirements are known as conditions precedent. In this case, the parties dispute

whether (the contract had as a condition precedent <state condition>/the condition precedent

<state condition> was fulfilled.)

A condition precedent is a fact that the parties intend must exist, or an event that must take place,

before there is an obligation to perform under the contract. Performance of a condition precedent

may be an obligation of one of the parties to the contract or it may be an event or fact that may

occur. Whether the performance of a certain act by a party to a contract, or the occurrence of an

event or a fact, is a condition precedent to the duty of the other party to act depends on the intent

of the parties as expressed in the contract.

Because the plaintiff claims that the defendant is liable for failing to perform under the contract,

the plaintiff bears the burden of proving to you, by a preponderance of the evidence, that each of

the conditions precedent was fulfilled in order to hold the defendant legally responsible. If you

find that the plaintiff has satisfied this burden, then you would proceed to consider the remaining

issues in the case. If, however, you find that the plaintiff has failed to meet this burden, then you

must return a defendant’s verdict as to this breach of contract claim.