CA · jury_instructions
CACI No. 3302
Loss Leader Sales—Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] [offered to sell/sold/
offered the use of] [product/service] as an unlawful loss leader. To
establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] [offered to sell/sold/offered the use of]
[product/service] at prices that were below [his/her/ nonbinary
pronoun/its] costs;
2. [Insert one or more of the following:]
2. [That [name of defendant]’s purpose was to influence, promote, or
encourage the purchase of other merchandise from
[him/her/nonbinary pronoun /it]; [or]]
2. [That the [offer/sale] had a tendency or capacity to mislead or
deceive purchasers or potential purchasers; [or]]
2. [That the [offer/sale] took business away from or otherwise
injured competitors;]
3. That [name of defendant]’s intent was to injure competitors or
destroy competition;
4. That [name of plaintiff] was harmed; and
5. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
851560aacd3dea817b6de89c42d74ba9ec19962a390912ec0f654dd332cdca96
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