Proposed Mississippi Plain Language Model Jury Instructions - Civil 713

Statement of Law

A contract cannot be cancelled just because one party made a simple and unimportant

mistake. However, a contract may be cancelled if one party made such a serious and important

mistake that it means that there was no true agreement between the parties or that the other party

would receive a great benefit unfairly. As long as the party which made the serious and important

mistake did not act with gross negligence in making the mistake, then the contract can be

cancelled. Gross negligence is negligence of a degree so great that it shows a reckless disregard

for [his/her] own rights.

General Instruction

[Name of defendant] claims that [he/she/it] made a serious and important mistake in

entering into the contract with [name of plaintiff] and that [he/she/it] is not legally responsible to

[name of plaintiff] for any alleged breach of the contract. To establish this claim, [name of

defendant] 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. [Name of defendant] made a serious and important mistake in entering into the contract by

_________________________________ [describe defendant’s actions which constitute the

alleged mistake];

3. The mistake is so serious and important that there was no true agreement between [name of

plaintiff] and [name of defendant] or that [name of plaintiff] would receive a great benefit

unfairly; and

4. [Name of defendant] did not act with gross negligence in making the serious and important

mistake.

Definition(s) in this Instruction:

In this instruction, “gross negligence” means negligence of a degree so great that it shows

a reckless disregard for [his/her] own rights.

In this instruction, “negligence” means doing something that a reasonably careful

[person/business/corporation] would not do under similar circumstances or failing to do

something that a reasonably careful [person/business/corporation] would do under similar

circumstances.

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 [name of defendant] make a serious and important mistake in entering into the contract by

_________________________________ [describe defendant’s actions which constitute the

alleged mistake]?

YES _______ NO ________

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

here and tell the bailiff.

3. Was the mistake so serious and important that there was no true agreement between [name of

plaintiff] and [name of defendant] or that [name of plaintiff] would receive a great benefit

unfairly?

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] act with gross negligence in making the serious and important

mistake?

YES _______ NO ________

If your answer to question 4 is YES, then stop here and tell the bailiff. If your answers to

questions 1-3 are YES and your answer to question 4 is NO, then you may find in favor of [name

of defendant] on [his/her/its] claim of mistake and allow [name of defendant] to cancel the

contract.

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