OK · jury_instructions
OUJI-CIV No. 23.27
DIVISIBLE CONTRACT
DIVISIBLE CONTRACT
If a contract is divisible, a party may recover under the contract after performing
only part of it. On the other hand, if the contract is not divisible, a party who performs
only part of it may not recover according to th e terms of the contract, but that party may
recover to the extent that the other party r eceived a benefit from the partial performance.
Whether the contract in this case was divisibl e depends on the intention of the parties. In
determining the intention of the parties, you may consider the language of the contract,
the circumstances under which the parties made the contract, and what the parties
themselves believed as shown by the evidence.
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
be29fc9ea0d90374652e81054b0c4e3b340eb72ddc4455de4324d08dc60d4443
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