“Plaintiff claims that the parties entered into a contract. To prove that a contract was created, 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. If Plaintiff did not prove all of the above, then a contract was not created.”
[CACI Jury Instructions [citations omitted]]