CJI-Civ. 30:18

The defendant, (name), is not legally responsible to the plaintiff, (name), on the

plaintiff’s claim of breach of contract if the affirmative defense of fraud is proved. This

defense is proved if you find all of the following:

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

fact that the plaintiff had a duty to disclose) (made a false representation of a past or

present fact);

2. The fact was material;

3. The defendant entered into the (claimed) contract relying on the assumption that

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

(falsely stated fact was true);

4. The defendant’s reliance was justified;

5. The defendant’s reliance caused (insert applicable pronoun) (damages) (losses);

and

6. The defendant has returned or offered to return to plaintiff (describe what, if

anything, the defendant would be legally obligated to return to the plaintiff in order to prevent

the defendant from being unjustly enriched).