M Civ JI 142.01 Introduction and Burden of Proof

This case involves a claim by [ name of party ] that [ name of party being sued on contract ] breached a contract. A contract is a legally enforceable agreement to do or not to do something.

[ Name of party ] has the burden of proving:

(a) that there was a contract between [ him / her / it ] and [ name of party being sued on contract ];

(b) that [ name of party being sued on contract ] breached the contract; and

(c) that [ name of party ] suffered damages as a result of the breach.

*In this case, the parties do not dispute [ that there was a contract between them / that a contract between them was breached. ]

Your verdict will be for [ name of party ] if [ name of party ] has proved all of those elements. Your verdict will be for [ name of party being sued on contract ] if [ name of party ] has failed to prove any one of those elements.

This case also involves a counterclaim by [ name of party bringing counterclaim ] that [ name of party against whom counterclaim is brought ] breached a contract. With respect to the counterclaim, [ name of party bringing counterclaim ] has the burden of proving:

**(a) that there was a contract between [ him / her / it ] and [ name of party against whom counterclaim is brought ];

(b) that [ name of party against whom counterclaim is brought ] breached the contract; and

(c) that [ name of party bringing counterclaim ] suffered damages as a result of the breach.

The [ name of party being sued on contract / name of party against whom counterclaim is brought ] has the burden of proving the defense of [ describe defense ].

Note on Use

* To be used on those occasions when there is no question that a contract existed or that it was breached.

** This sentence should be deleted if the counterclaim arises out of the same contract alleged by the party bringing the original breach of contract claim.

This instruction must be modified to reflect matters that are admitted or otherwise not at issue.

Comment

McInerney v Detroit Trust Co, 279 Mich 42 (1937).

History

M Civ JI 142.01 was added March 2005. Amended January 2020.