California Civil Jury Instructions (CACI) (2017)

VF-302. Breach of Contract—Affirmative Defense—Duress

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VF-302.Breach of Contract—Affirmative Defense—Duress
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] use a wrongful act or wrongful threat to
pressure [name of defendant] into consenting to the contract?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
2. Was [name of defendant] so afraid or intimidated by the wrongful
act or wrongful threat that [he/she] did not have the free will to
refuse to consent to the contract?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
3. Would [name of defendant] have consented to the contract
without the wrongful act or wrongful threat?
3. Yes No
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
New April 2004; Revised December 2010
Directions for Use
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case. This form is not a stand-
alone verdict form. It may be incorporated into VF-300, Breach of Contract, if the
elements of the affirmative defense are at issue.
This verdict form is based on CACI No. 332, Affırmative Defense—Duress. The
verdict forms do not address all available affirmative defenses. The parties may
need to create their own verdict forms to fit the issues involved in the case.
If there are multiple causes of action, users may wish to combine the individual
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forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
CONTRACTS VF-302
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