UJI 13-823. Breach of contract; failure to perform.

_____________________ (name of party asserting material breach) contends that there has been a material breach of the contract. A material breach occurs when a party fails to do something that is so important to the contract that the failure to perform that obligation defeats an essential purpose of the parties in making the agreement. ______________________ (name of party asserting material breach) has the burden of proving that _____________________ (name of opposing party) committed a material breach. Material breach by one party excuses the other party from performing its obligations under the contract.