VF-301 . Breach of Contract - Af firmative Defense - Unilateral
Mistake of Fact
W e answer the questions submitted to us as follows:
1. Was [ name of defendant ] mistaken about [ insert description of
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 ] know that [ name of defendant ] was mistaken
and use that mistake to take advantage of [him/her/ nonbinary
pronoun /it]?
2. If your answer to question 2 is yes, then answer question 3. If you
answered no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
3. Was [ name of defendant ]’s mistake caused by [his/her/ nonbinary
pronoun /its] excessive carelessness?
3. If your answer to question 3 is no, then answer question 4. If you
answered yes, stop here, answer no further questions, and have
the presiding juror sign and date this form.
4. Would [ name of defendant ] have agreed to enter into the contract
if [he/she/ nonbinary pronoun /it] had known about the mistake?
Signed: Presiding Juror
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailif f/court attendant] that you ar e ready to pr esent your
verdict in the courtroom.
New April 2004; Revised December 2010
Directions for Use
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case. This form is not a stand-
alone verdict form. It may be incorporated into VF-300, Br each of Contract , if the
elements of the af firmative defense are at issue.
This verdict form is based on CACI No. 330, Affırmative Defense - Unilateral
Mistake of Fact . The verdict forms do not address all available a f firmative defenses.
The parties may need to create their own verdict forms to fit the issues involved in
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If dif ferent damages are recoverable on dif ferent causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories .
CONTRACTS VF-301
Page last reviewed May 2024
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