Joint Request To Charge (Page 2 of 3) in pdf

Joint Request To Charge Page 2

SAMPLE

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF SOUTH CAROLINA

_____________________ DIVISION

)

Plaintiff

)

Civil Action No. ________________

)

Defendant

)

LAINTIFF

UPPLEMENTAL

. ____

EQUEST TO

HARGE

Contract: termination on account of material breach. The contract at issue here also

could be terminated on account of material breach. Where one party terminates a contract

on account of a material breach by the other, the breach must be substantial and

fundamental in light of the purposes of the contract and the interests of the parties in it.

Authority: Litchfield Co. of SC, Inc. v. Kiriakides, 349 S.E.2d 344 (S.C. App. 1986)

(Paraphrase of lower court's holding).

DEFENDANT'S OBJECTION:

This is not an accurate statement of the trial court's holding. The opinion in

Litchfield Co. of SC, Inc. v. Kiriakides, says only that the trial court found in granting a

motion for summary judgment that "any breach of the lease was insubstantial and did not

warrant termination." The statement set forth above adds language which is slanted towards

Plaintiff's position in the case, which is inappropriate under this Court's Order on proposed

jury charges.

SAMPLE

Joint Request To Charge Page 2