What is the Law in California for Contract Formation Essential Elements Law in California - California Civil Jury Instruction CACI 302
California Law
CA Civil Jury Instructions
CACI 302 - Contract Formation Essential Elements
As of September 1, 2010
California Civil Jury Instruction CACI 302
302. Contract Formation—Essential Factual Elements
[Name of plaintiff] claims that the parties entered into a contract.
To prove that a contract was created, [name of plaintiff] must prove
all of the following:
1. That the contract terms were clear enough that the parties
could understand what each was required to do;
2. That the parties agreed to give each other something of
value. [A promise to do something or not to do something
may have value]; and
3. That the parties agreed to the terms of the contract.
[When you examine whether the parties agreed to the terms of the
contract, ask yourself if, under the circumstances, a reasonable
person would conclude, from the words and conduct of each party,
that there was an agreement. You may not consider the parties’
hidden intentions.]
If [name of plaintiff] did not prove all of the above, then a contract
was not created.
