AK · jury_instructions
Alaska Civil Pattern Jury Instruction 24.08E
Affirmative Defense to Formation of Contract - Fraud or Misrepresentation
[Defendant] [plaintiff] claims that the [describe the relevant contract or agreement] is void and not enforceable because of a misrepresentation by the [plaintiff] [defendant].
The agreement is void and unenforceable due to misrepresentation if you decide that all four of the following requirements are more likely true than not true:
(1) [Plaintiff] [defendant] made a misrepresentation;
(2) The misrepresentation was either fraudulent or it was material;
(3) The misrepresentation was a substantial factor in the [defendant’s] [plaintiff’s] decision to enter into the agreement; and
(4) The [defendant's] [plaintiff's] reliance on the misrepresentation was justified.
I will now explain what the terms “misrepresentation,” “fraudulent,” “material,” and “justified” mean in this instruction.
A misrepresentation is an assertion by words or conduct that is inconsistent with the facts.
A misrepresentation is “fraudulent” if it is both knowingly false and intended to mislead.
A misrepresentation is “material” if it would lead a reasonable person to enter into the agreement, or if [plaintiff] [defendant] knew that the misrepresentation was likely to cause the [defendant] [plaintiff] to enter into the agreement.
The [defendant] [plaintiff] was “justified” in relying upon the misrepresentation unless it was only incidentally important to the contract, or unless the misrepresentation would not reasonably be expected to be taken seriously.
If you decide that all four of the requirements that I identified a moment ago are more likely true than not true, then the agreement is void and unenforceable, [and you must return a verdict for defendant.] [unless you decide that [plaintiff] [defendant] demonstrated [his her its] intention to continue with the agreement despite the misrepresentation. I will explain how to decide this in a moment].
If you do not decide that all four of the requirements are more likely true than not true, the agreement is valid and enforceable, and you must decide additional issues that I will explain to you [the defendant [plaintiff] is not excused (for this reason)].
History
Alaska Civil Pattern Jury Instructions 24.08E, dated (Revised 2022). 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
ca479b414ad6a8c8d9fc0e9a2d7ad645b37b922baddab22b05dfc7e874c072cb
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