Ill. Pattern Jury Instr. (Civil) 700.01

[1] [Under Count] the plaintiff claims [he][she][it] entered into a contract with the

defendant that included the following terms:

[Set forth in simple form without undue emphasis or repetition those relevant

allegations of the complaint as to the provisions of the contract that are

supported by the evidence.]

[2] The plaintiff claims the defendant breached the contract in one or more of the following

ways resulting in damages to the plaintiff:

[Set forth in simple form without undue emphasis or repetition those

allegations of the complaint as to breach by the defendant that have not been

withdrawn or ruled out by the court and are supported by the evidence.]

[3] The plaintiff claims [he][she][it] substantially performed [his][her][its] obligations

under the contract.

[4] In the event that the plaintiff failed to substantially perform [his][her][its] obligations

under the contract prior to the defendant’s breach, the plaintiff claims the defendant nonetheless

elected to proceed with the contract instead of terminating the contract.

[5] In the event that the plaintiff failed to substantially perform [his][her][its] obligations

under the contract prior to the defendant’s breach, plaintiff claims [his][her][its] performance was

excused by the absence of [or the occurrence of] a condition precedent] [he][she][it] had a valid

reason excusing [his][her][its] performance].

[6] The defendant [denies the existence of a contract between the parties,] [denies the

plaintiff substantially performed [his][her][its] obligations under the contract,] [denies electing to

proceed with the contract after the plaintiff failed to substantially perform,] [denies accepting the

benefits of the contract after the plaintiff failed to substantially perform,] [denies the plaintiff’s

performance was excused by a condition precedent,] [and] [denies breaching the contract with the

plaintiff].

[7] The defendant further denies that the plaintiff sustained damages [to the extent

claimed].

[8] The defendant claims the following affirmative defenses excuse [him][her][it] from

being liable to the plaintiff:

[Set forth in simple form without undue emphasis or repetition those

affirmative defenses that have not been withdrawn or ruled out by the court

and are supported by the evidence.]

[9] The plaintiff denies the defendant’s affirmative defense[s].

________________________________________________________________________________________________________

Instruction and Notes on Use revised November 2025.