Ill. Pattern Jury Instr. (Civil) 700.02

[Under Count] the plaintiff claims [he][she][it] is entitled to recover contract damages from

the defendant for breach of contract. The plaintiff has the burden of proving each of the following

propositions:

First, the existence of a contract between the plaintiff and the defendant.

Second, substantial performance by the plaintiff [[or absence of] [or the occurrence of] a

condition precedent excusing the plaintiff’s performance] [or a valid reason why the

plaintiff did not have to perform] [and, in the event the plaintiff failed to substantially

perform [his][her][its] obligations under the contract, after such failure, an election by the

defendant to proceed with the contract or to accept the benefits of the contract instead of

terminating the contract].

Third, the defendant’s failure to [adequately] perform [his][her][its] obligations under the

contract.

Fourth, that the plaintiff sustained damages as a result of the defendant’s failure to perform.

In this case, the defendant has asserted [an] affirmative defense[s] that:

[Concisely state affirmative defenses.]

The defendant has the burden of proving [this][these] affirmative defense[s]. If you find

from your consideration of all the evidence that any one of the propositions the plaintiff is

required to prove has not been proved [or that the defendant has proved an affirmative

defense,] then your verdict shall be for the defendant. If, on the other hand, you find from

your consideration of all the evidence that each of these propositions required of the

plaintiff has been proved and that [none of] the defendant’s affirmative defense[s] has [not]

been proved, then your verdict shall be for the plaintiff.

Instruction and Notes on Use revised November 2025.