CJI-Civ. 19:2

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of deceit based on fraud, you must find all of the following have been

proved by a preponderance of the evidence:

1. The defendant (concealed a past or present fact) (failed to disclose a past or

present fact which [insert applicable pronoun] had a duty to disclose);

2. The fact was material;

3. The defendant (concealed it) (failed to disclose it) with the intent of creating a

false impression of the actual facts in the mind of the plaintiff;

4. The defendant (concealed) (failed to disclose) the fact with the intent that the

plaintiff take a course of action (insert applicable pronoun) might not take if (insert

applicable pronoun) knew the actual facts;

5. The plaintiff took such action or decided not to act relying on the assumption that

the (concealed) (undisclosed) fact did not exist or was different from what it actually was;

6. The plaintiff’s reliance was justified; and

7. This reliance caused (injuries) (damages) (losses) to the plaintiff.

If you find that any one or more of these (number) statements has not been proved,

then your verdict must be for the defendant.

On the other hand, if you find that all of these (number) statements have been

proved, (then your verdict must be for the plaintiff) (then you must consider the

defendant’s affirmative defense(s) of [insert any affirmative defense that would be a complete

defense to plaintiff’s claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.