Ill. Pattern Jury Instr. (Civil) 700.03

T he [first] element of a contract claim the plaintiff must prove is the existence of a contract.

There is a contract if the plaintiff proves there was an offer by one party, acceptance by the other

party [parties] and consideration between the parties.

The plaintiff claims the parties entered into a contract that had the following terms:

[State material terms of alleged contract.]

To prove the existence of a contract between [among] the plaintiff and the defendant, the

plaintiff has the burden of proving each of the following propositions:

First, the plaintiff must make or have made an offer to [name of offeree].

An “offer” is a communication of a willingness to enter into a contract. The communication must

satisfy four conditions:

[1] the communication must have included a definite promise by the person making the

communication, showing a willingness to make an agreement;

[2] the important and necessary terms must be definite;

[3] the terms must be communicated by words or conduct to the other party [parties]; and

[4] the communication must give the other party [parties] the power to agree to its terms.

Second, [name of offeree] accepted the offer made by [name of offeror].

“Acceptance” of an offer is a communication of agreement to the terms of the offer. For the

acceptance to be valid:

[1] [name of offeree] must agree to all of the material terms in the offer; and

[2] [name of offeree] must have communicated agreement to [name of offeror]

[according to the terms specified in the offer] [by writing, spoken words, actions or any

other conduct that would indicate agreement to a reasonable person] [performed the act(s)

specified by the offer], or [performed the act(s) that the offer specified].

Third, the agreement included an exchange of promises or value, which is known as

consideration. There is sufficient consideration if the plaintiff can prove that something of value

was bargained for by the parties and given by one party in exchange for the other's promise.

“Something of value” may consist of a promise, an act, a promise to act or not act, or any payment

that was of benefit to one party or a disadvantage to the other.

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You will address these issues in questions ____ and ____ on your verdict.