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AMI 2432 Defense—Release

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2432

Arkansas Model Jury Instructions-Civil

December 2023 Update

Arkansas Supreme Court Committee On Jury Instructions-Civil

Chapter 24. Contracts

Defenses

AMI 2432 Defense—Release

[Defendant] contends and has the burden of proving that [plaintiff] released [him][her][it] from the parties' contract.

In order to establish [his][her][its] claim, [defendant] must prove each of two essential propositions:

First, that the parties entered into a written agreement by which one of the parties gave up [his][her][its] rights under the contract; and

Second, that there was consideration for the written agreement.

[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 there are more than two parties to the contract, this instruction should be modified.

Do not use the bracketed sentence when the case is submitted on interrogatories.

COMMENT

See Green v. Owens, 254 Ark. 574, 495 S.W.2d 166 (1973); Skinner v. Fisher, 120 Ark. 91, 178 S.W. 922 (1915); Restatement (Second) of Contracts § 284 (1981).

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