AK · jury_instructions
Alaska Civil Pattern Jury Instruction 17.07
Duty to Disclose
You must decide whether the defendant had a duty to disclose information to the plaintiff. A party to a transaction has a duty to use reasonable care to disclose information to the other party before the transaction is completed if:
(1) there is a fiduciary relationship or other relation of trust and confidence between the parties; or
(2) the defendant has information that [he][she] knows is necessary to prevent the plaintiff from misunderstanding the facts as presented by the defendant; or
(3) the defendant acquires information that [he][she] knows will make the defendant's previous statement untrue or misleading; or
(4) The defendant made a false or misleading statement without expecting that the plaintiff would rely on the statement, but the defendant later learns that the plaintiff is about to rely on the statement; or
(5) the defendant knows the plaintiff is about to enter into the transaction based upon a mistake concerning a basic fact, and the plaintiff would reasonably expect the defendant to correct the mistake because of the plaintiff’s relationship to the defendant, customs of the trade, or other circumstances. A basic fact is an important fact that is assumed by the parties and that relates to a fundamental element of the transaction.
History
Alaska Civil Pattern Jury Instructions 17.07, dated 2010. Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
dd1fa51dfe07c7febc991c138ba58a3e69974a26e72e824922eaa1623729dc24
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