CA · jury_instructions
CACI No. 335
Affirmative Defense—Fraud
[Name of defendant] claims that no contract was created because [his/her/
nonbinary pronoun/its] consent was obtained by fraud. To succeed, [name
of defendant] must prove all of the following:
1. That [name of plaintiff] represented that [insert alleged fraudulent
statement];
2. That [name of plaintiff] knew that the representation was not true;
3. That [name of plaintiff] made the representation to persuade
[name of defendant] to agree to the contract;
4. That [name of defendant] reasonably relied on this representation;
and
5. That [name of defendant] would not have entered into the contract
if [he/she/ nonbinary pronoun /it] had known that the representation
was not true.
If you decide that [name of defendant] has proved all of the above, then
no contract was created.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
8abccf868a14ab2b65335926b61c2b7eb144d27c6c868759d5e4210c2e42d0fd
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