AMI 2430 Defense—Cancellation
Ark. Model Jury Instr., Civil AMI 2430
Arkansas Model Jury Instructions-Civil
December 2023 Update
Chapter 24. Contracts
Defenses
AMI 2430 Defense—Cancellation
[Defendant] contends that the parties canceled their contract and that it is no longer enforceable.
In order to establish [his][her][its] claim, [defendant] must prove each of two essential propositions:
First, that the parties' contract had not been fully performed by [both][all] parties; and
Second, that [both][all] agreed to cancel the contract.
An agreement to cancel a contract may be oral, written, or implied by the conduct of the parties. [If the agreement to cancel is oral, it must be proven by clear and convincing evidence. “Clear and convincing evidence” is proof so clear, direct, weighty, and convincing as to enable you to come without hesitation to a clear conviction of the matter asserted.]
[If you find from the evidence in this case that both of these propositions have been proved, then your verdict should be for [defendant]].
NOTE ON USE
If the contract in question involves a sale of goods that is governed by Ark. Code Ann. § 4-2-106, do not use this instruction.
Use the first bracketed sentence concerning clear and convincing evidence when the original contract was in writing and the alleged cancellation is by oral agreement.
Do not use the second bracketed sentence when the case is submitted on interrogatories.
COMMENT
When rescission of a written contract is based upon an alleged oral agreement, the burden of proof is clear and convincing evidence. Clark v. Duncan, 214 Ark. 83, 214 S.W.2d 493 (1948). The burden of proof for cancellation of an oral contract is apparently a preponderance of the evidence. Leonard v. Downing, 246 Ark. 397, 438 S.W.2d 327 (1969).
For additional discussion on the appropriate burden of proof, see the Comment to AMI 2425.
© 2023 Arkansas Supreme Court Committee on Jury Instructions-Civil
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