CACI VF-2405 Breach of the Implied Covenant of Good Faith and Fair Dealing—Affirmative Defense—Good Faith Mistaken Belief

VF-2405 Breach of the Implied Covenant of Good Faith and Fair Dealing—Affirmative Defense—Good Faith Mistaken Belief

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We answer the questions submitted to us as follows:

1.Did [name of plaintiff] and [name of defendant] enter into an employment agreement?

 Yes   No

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] substantially perform [his/her/nonbinary pronoun] job duties?

 Yes   No

If your answer to question 2 is yes, skip question 3 and answer question 4. If you answered no, answer question 3.

3.Was [name of plaintiff]’s performance excused or prevented?

 Yes   No

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 [name of defendant] [specify conduct that plaintiff claims prevented plaintiff from receiving the benefits under the contract]?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.Was [name of defendant]’s conduct based on an honest belief that [insert alleged mistake]?

 Yes   No

If your answer to question 5 is yes, then answer question 6. If you answered no, skip question 6 and answer question 7.

6.If true, would [insert alleged mistake] have been a legitimate and reasonable business purpose for the conduct?

 Yes   No

If your answer to question 6 is no, then answer question 7. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

7.Did [name of defendant] fail to act fairly and in good faith?

 Yes   No

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.Was [name of plaintiff] harmed by [name of defendant]’s failure to act in good faith?

 Yes   No

If your answer to question 8 is yes, then answer question 9. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

9.What are [name of plaintiff]’s damages?

[a.Past economic loss: $]

[b.Future economic loss: $]

TOTAL $

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.

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