AMI 2411 Issues—Breach of Contract—Third Party Beneficiary Status—Not an Issue of Fact

[Plaintiff] claims damages from [defendant] for breach of contract as a third party beneficiary of a contract between [name of contracting party] and [defendant]. The court has already determined that [there was a contract between [name of contracting party and [defendant] and that] [plaintiff] is a third party beneficiary of the contract. [Plaintiff] has the burden of proving each of [three][four] essential propositions:

[First, that [name of contracting party] and [defendant] entered into a contract;]

[Second][First], that the contract required [defendant] to perform or not to perform a certain act;

[Third,][Second], that [name of contracting party] did what the contract required of [him][her][it]; and

[Fourth][Third], that [defendant] did not do what the contract required of [him][her][it].

[If you find that [plaintiff] has proved each of these propositions, then your verdict should be for [plaintiff]. If, however, [plaintiff] has failed to prove any one or more of these propositions, then your verdict should be for [defendant].]