CHARGE 3.30E — Page 1 of 3
3.30E FRAUD — DECEIT (Approved 2/92)
Plaintiff seeks to recover damages which he/she claims he/she sustained as a
result of a misrepresentation made to him/her by the defendant. One who
represents as true that which is false with the intent to deceive the person to whom
the representation is made is liable to that person if he/she, believing the
representation to be true (acts, refrains from acting) in justifiable reliance upon it
and suffers damage as a result.
The burden of proof is on the plaintiff to establish by clear and convincing
evidence each of the following elements. First, that defendant made a false
representation of fact to him/her. Second, that defendant knew or believed it to be
false. Third, that defendant intended to deceive plaintiff. Fourth, that plaintiff
believed and justifiably relied upon the statement and was induced by it to (action
taken or omitted). Fifth, that as a result of plaintiff's reliance upon the statement,
he/she sustained damage.
The first question for you to determine is what defendant said to the
plaintiff. If it was a statement of opinion rather than a statement of fact, defendant
cannot be held responsible, for opinions are matters of judgment for which under
the circumstances of this case, the law does not impose liability and your verdict
will be for the defendant. If on the other hand you find that defendant stated in
