CACI VF-304 Breach of Implied Covenant of Good Faith and Fair Dealing
California Civil Jury Instructions CACI
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?
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] do all, or substantially all, of the significant things that the contract required [him/her/nonbinary pronoun/it] to do?
Yes No]
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?
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 all the conditions that were required for [name of defendant]’s performance occur?
Yes No
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]?
Yes No
If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have 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?
Yes No
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?
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.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]]:
$]
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.
New June 2014; Revised June 2015
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
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 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].)