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13-823. Breach of contract; failure to perform.

            _____________________ (name of party asserting material breach) contends that there has been a material breach of the contract.  A material breach occurs when a party fails to do something that is so important to the contract that the failure to perform that obligation defeats an essential purpose of the parties in making the agreement. 

            ______________________ (name of party asserting material breach) has the burden of proving that _____________________ (name of opposing party) committed a material breach.

            Material breach by one party excuses the other party from performing its obligations under the contract.

USE NOTE

            This instruction should be used in cases where a party seeks to be released from its contractual obligations because the other party committed a prior material breach of the contract.  In such cases, the question whether a breach was “material” is ordinarily an issue of fact to be submitted to the jury.

[Adopted, effective November 1, 1991; as amended by Supreme Court Order No. 14-8300-006, effective for all cases filed or pending on or after December 31, 2014.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.