CACI No. VF-304. Breach of Implied Covenant of Good Faith and Fair Dealing

Judicial Council of California Civil Jury Instructions (2020 edition)

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VF-304.Breach of Implied Covenant of Good Faith and Fair
Dealing
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] and [name of defendant] enter into a
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. [Did [name of plaintiff] do all, or substantially all, of the
significant things that the contract required [him/her/nonbinary
pronoun/it] to do?
[2. Yes No]
[2. If your answer to question 2 is yes, [skip question 3 and] answer
question 4. If you answered no, [answer question 3 if excuse is at
issue/stop here, answer no further questions, and have the
presiding juror sign and date this form].]
[3. Was [name of plaintiff] excused from having to do all, or
substantially all, of the significant things that the contract
required [him/her/nonbinary pronoun/it] to do?
[3. Yes No
[3. If your answer to question 3 is yes, then answer question 4. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.]
[4. Did all the conditions that were required for [name of defendant]’s
performance occur?
[4. Yes No
[4. If your answer to question 4 is yes, [skip question 5 and] answer
question 6. If you answered no, [answer question 5 if waiver or
excuse is at issue/stop here, answer no further questions, and have
the presiding juror sign and date this form].]
[5. Were the required conditions that did not occur
[excused/waived]?
[5. Yes No
[5. If your answer to question 5 is yes, then answer question 6. If you
answered no, stop here, answer no further questions, and have
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the presiding juror sign and date this form.]
6. Did [name of defendant] unfairly interfere with [name of plaintiff]’s
right to receive the benefits of the contract?
6. Yes No
6. If your answer to question 6 is yes, then answer question 7. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
7. Was [name of plaintiff] harmed by [name of defendant]’s
interference?
7. Yes No
7. If your answer to question 7 is yes, then answer question 8. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
8. What are [name of plaintiff]’s damages?
[a. Past [economic] loss [including [insert
descriptions of claimed damages]]: $]
[b. Future [economic] loss [including [insert
descriptions of claimed damages]]: $]
[b. TOTAL $
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 June 2014; Revised June 2015
Directions for Use
This verdict form is based on CACI No. 325, Breach of Implied Covenant of Good
Faith and Fair Dealing - Essential Factual Elements.
The special verdict forms in this series are intended only as models. They may need
to be modified depending on the facts of the case.
Optional questions 2 and 3 address acts that the plaintiff must have performed
CONTRACTS VF-304
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before the defendant’s duty to perform is triggered. Include question 2 if the court
has determined that the contract included dependent covenants, such that the failure
of the plaintiff to perform some obligation would relieve the defendant of the
obligation to perform. (See Brown v. Grimes (2011) 192 Cal.App.4th 265, 277-279
[120 Cal.Rptr.3d 893].) Include question 3 if the plaintiff claims that he or she was
excused from having to perform an otherwise required obligation.
Optional questions 4 and 5 address conditions precedent to the defendant’s
performance. Include question 4 if the occurrence of conditions for performance is
at issue. (See CACI No. 322, Occurrence of Agreed Condition Precedent.) Include
question 5 if the plaintiff alleges that conditions that did not occur were excused.
The most common form of excuse is the defendant’s waiver. (See CACI No. 323,
Waiver of Condition Precedent; see also Restatement Second of Contracts, section
225, Comment b.) Waiver must be proved by clear and convincing evidence. (DRG/
Beverly Hills, Ltd. v. Chopstix Dim Sum Cafe & Takeout III, Ltd. (1994) 30
Cal.App.4th 54, 60 [35 Cal.Rptr.2d 515].) Note that questions 4 and 5 address
conditions precedent, not the defendant’s nonperformance after the conditions have
all occurred or been excused.
If the verdict form used combines other causes of action involving both economic
and noneconomic damages, use “economic” in question 8.
If specificity is not required, users do not have to itemize the damages listed in
question 8. The breakdown is optional depending on the circumstances.
If there are multiple causes of action, users may wish to combine the individual
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. If counts for both breach of express
contractual terms and breach of the implied covenant are alleged, this verdict form
may be combined with CACI No. VF-300, Breach of Contract. Use VF-3920 to
direct the jury to separately address the damages awarded on each count and to
avoid the jury’s awarding the same damages on both counts. (See Careau & Co. v.
Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1395 [272
Cal.Rptr. 387].)
VF-305-VF-399. Reserved for Future Use
VF-304 CONTRACTS
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