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What is the Law in California for Contract Formation Acceptance Law in California - California Civil Jury Instruction CACI 309

California Law

CA Civil Jury Instructions

CACI 309 - Contract Formation Acceptance

As of September 1, 2010

California Civil Jury Instruction CACI 309

309. Contract Formation—Acceptance

Both an offer and an acceptance are required to create a contract.

[Name of defendant] contends that a contract was not created

because the offer was never accepted. To overcome this contention,

[name of plaintiff] must prove both of the following:

1. That [name of defendant] agreed to be bound by the terms

of the offer. [If [name of defendant] agreed to be bound only

on certain conditions, or if [he/she/it] introduced a new

term into the bargain, then there was no acceptance]; and

2. That [name of defendant] communicated [his/her/its]

agreement to [name of plaintiff].

If [name of plaintiff] did not prove both of the above, then acontract was not created.

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