Instruction #330 [Affirmative Defense—Unilateral Mistake of Fact]:
Defendant claims that there was no contract because he was mistaken about a material issue pertaining to the contract. To succeed, Defendant must prove all of the following:
1. That Defendant was mistaken about a material issue pertaining to the contract;
2. That Plaintiff knew Defendant was mistaken and used that mistake to take advantage of him;
3. That Defendant’s mistake was not caused by his excessive carelessness; and
4. That Defendant would not have agreed to enter into the contract if he had known about the mistake.
If you decide that Defendant has proved all of the above, then no contract was created.
Instruction #331 [Affirmative Defense—Bilateral Mistake]:
Defendant claims that there was no contract because both parties were mistaken about a material issue pertaining to the contract. To succeed, Defendant must prove both of the following:
1. That both parties were mistaken about a material issue pertaining to the contract; and
2. That Defendant would not have agreed to enter into this contract if he had known about the mistake.
If you decide that Defendant has proved both of the above, then no contract was created.
Instruction #332 [Affirmative Defense—Duress]:
Defendant claims that there was no contract because his consent was given under duress. To succeed, Defendant must prove all of the following:
1. That Plaintiff used a wrongful act or wrongful threat to pressure Defendant into consenting to the contract;
2. That Defendant was so afraid or intimidated by the wrongful act or wrongful threat that he did not have the free will to refuse to consent to the contract; and
3. That Defendant would not have consented to the contract without the wrongful act or wrongful threat.
If you decide that Defendant has proved all of the above, then no contract was created.
Instruction #333 [Affirmative Defense—Economic Duress]:
Defendant claims that there was no contract because his consent was given under duress. To succeed, Defendant must prove all of the following:
1. That Plaintiff used a wrongful act or wrongful threat to pressure Defendant into consenting to the contract;
2. That a reasonable person in Defendant’s position would have believed that there was no reasonable alternative except to consent to the contract; and
3. That Defendant would not have consented to the contract without the wrongful act or wrongful threat.
If you decide that Defendant has proved all of the above, then no contract was created.
Instruction #334 [Affirmative Defense—Undue Influence]:
Defendant claims that no contract was created because he was unfairly pressured by Plaintiff into consenting to the contract.
To succeed, Defendant must prove both of the following:
1. That Plaintiff used
[a relationship of trust and confidence] [or]
[Defendant’s weakness of mind] [or]
[Defendant’s needs or distress]
to induce or pressure Defendant into consenting to the contract; and
2. That Defendant would not otherwise have consented to the contract.
If you decide that Defendant has proved both of the above, then no contract was created.
Instruction #335 [Affirmative Defense—Fraud]:
Defendant claims that no contract was created because his consent was obtained by fraud. To succeed, Defendant must prove all of the following:
1. That Plaintiff made a fraudulent representation;
2. That Plaintiff knew that the representation was not true;
3. That Plaintiff made the representation to persuade Defendant to agree to the contract;
4. That Defendant reasonably relied on this representation; and
5. That Defendant would not have entered into the contract if he had known that the representation was not true.
If you decide that Defendant has proved all of the above, then no contract was created.
Instruction #336 [Affirmative Defense—Waiver]:
Defendant claims that he did not have to perform because Plaintiff gave up her right to have Defendant perform the obligation[s]. This is called a “waiver.”
To succeed, Defendant must prove both of the following by clear and convincing evidence:
1. That Plaintiff knew Defendant was required to perform; and
2. That Plaintiff freely and knowingly gave up her right to have Defendant perform the obligation[s].
A waiver may be oral or written or may arise from conduct that shows that Plaintiff gave up that right.
If Defendant proves that Plaintiff gave up his right to Defendant’s performance, then Defendant was not required to perform the obligation[s].
Instruction #337 [Affirmative Defense—Novation]:
Defendant claims that the original contract with Plaintiff cannot be enforced because the parties substituted a new and different contract for the original.
To succeed, Defendant must prove that all parties agreed, by words or conduct, to cancel the original contract and to substitute a new contract in its place.
If you decide that Defendant has proved this, then the original contract is not enforceable.
Instruction #338 [Affirmative Defense—Statute of Limitations]:
Defendant contends that Plaintiff’s lawsuit was not filed within the time set by law. To succeed on this defense, Defendant must prove that Plaintiff’s claimed harm occurred before the expiration of the statute of limitations.
[Judicial Council Of California Civil Jury Instructions]
