CA · jury_instructions
CACI No. 3320
Secret Rebates—Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] [insert one or both of the
following:]
[secretly [gave/received] [payments/rebates/refunds/ commissions/
unearned discounts;]] [or] [secretly [gave to some buyers/received]
services or privileges that were not given to other buyers purchasing
on like terms and conditions.]
To establish this claim, [name of plaintiff] must prove all of the following:
1. That [name of defendant] secretly [[gave/received]
[payments/rebates/refunds/commissions/unearned discounts]] [or]
[[gave to some buyers/received] services or privileges that were
not given to other buyers purchasing on like terms and
conditions];
2. That a competitor was harmed;
3. That the [payment/allowance] had a tendency to 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-2022
- Content hash
b8de28cae453dc97dcb607ab4de083a305aa3ba6d07a8008ba0fccdf63dedf38
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