Proposed Mississippi Plain Language Model Jury Instructions - Civil 710

Statement of Law

A natural disaster or an act of God does not excuse a party from performing [his/her/its]

duties as required by a contract, unless there is a specific condition or term in the contract that

excuses the party from [his/her/its] duties under those circumstances. This is so even if the

natural disaster or the act of God makes it impossible for the party to perform the contract.

General Instruction

[Name of plaintiff] claims that [name of defendant] failed to perform [his/her/its] duties

under a contract to ________________ [describe the subject matter of the contract] and that

[name of defendant] is legally responsible for [name of plaintiff]’s damages. To establish this

claim, [name of plaintiff] must prove all of the following are more likely true than not true:

1. [Name of plaintiff] and [name of defendant] entered into a contract to _______________

[describe the subject matter of the contract];

2. The contract did not have a condition or term that excused [name of defendant] from

performing [his/her/its] duties if a natural disaster or an act of God occurred which made it

impossible for [him/her/it] to perform;

3. A natural disaster or an act of God, specifically a _________________ [describe the natural

disaster or act of God], occurred which made it impossible for [name of defendant] to perform

[his/her/its] duties under the contract because _______________________ [describe reason it

was impossible to perform];

4. [Name of defendant] failed to ____________________ [describe defendant’s alleged failure to

perform duties]; and

5. [Name of plaintiff] suffered damages as a result of [name of defendant]’s failure to perform

[his/her/its] duties under the contract.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of plaintiff] and [name of defendant] enter into a contract to _______________

[describe the subject matter of the contract]?

YES _______ NO ________

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Did the contract have a condition or term that excused [name of defendant] from performing

[his/her/its] duties if a natural disaster or an act of God occurred which made it impossible for

[him/her/it] to perform?

YES _______ NO ________

If your answer to question 2 is NO, then answer question 3. If you answered YES, stop

here and tell the bailiff.

3. Did a natural disaster or an act of God, specifically a _________________ [describe the

natural disaster or act of God], occur which made it impossible for [name of defendant] to

perform [his/her/its] duties under the contract because _______________________ [describe

reason it was impossible to perform]?

YES _______ NO ________

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Did [name of defendant] fail to ____________________ [describe defendant’s alleged failure

to perform duties]?

YES _______ NO ________

If your answer to question 4 is YES, then answer question 5. If you answered NO, stop

here and tell the bailiff.

5. Did [name of plaintiff] suffer damages as a result of [name of defendant]’s failure to perform

[his/her/its] duties under the contract?

YES _______ NO ________

If your answers to questions 1, 3, 4, and 5 are YES and your answer to question 2 is NO,

then answer question 6. If you answered NO, stop here and tell the bailiff.

6. What are [name of plaintiff]’s damages?

$__________ TOTAL

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.