Del. P.J.I. Civ. § 19.1

CONTRACT FORMATION

A contract is a legally binding agreement between two or more parties. Each

party to the contract must perform according to the terms of the agreement. A party’s

failure to perform a contractual duty constitutes breach of contract. If a party

breaches the contract and that breach causes injury or loss to another party, then the

injured party may claim damages.

For a legally binding contract to exist, there must be:

(1) an offer of a contract by one party;

(2) an acceptance of that offer by the other party;

(3) consideration for the offer and acceptance; and

(4) sufficiently specific terms that define the obligations of each party.

In this case, [plaintiff’s name] alleges that [defendant’s name] breached a

contract by [describe alleged breach]. You must determine from a preponderance

of the evidence whether a legally binding contract was formed between [plaintiff’s

name] and [defendant’s name].