CO · jury_instructions
CJI-Civ. 31:11
Affirmative Defense to Contract Claim — After-Acquired Evidence of Fraud or Other Misconduct
The defendant, (name), is not liable for breach of an employment contract if you find
that the defendant has proved the affirmative defense of after-acquired evidence of (fraud)
(misconduct). This affirmative defense is proved if you find all of the following:
1. The plaintiff, (name), (describe type of misconduct, e.g., concealed or misrepresented
a material fact or facts on a résumé with the intent of creating a false impression in the mind of
the defendant; committed theft; committed sexual harassment; etc.);
2. The defendant did not discover the (concealed or misrepresented fact or facts)
(misconduct) until after the plaintiff was discharged; and
3. A reasonable, objective employer (would not have hired) (would have discharged)
the plaintiff if it had discovered the (concealed) (misrepresented) fact(s) (misconduct) at the
time of the plaintiff’s (fraud) (misconduct).
History
CJI-Civ. (2026), Colorado Supreme Court Committee on Pattern Civil Jury Instructions. Dated 2026-02-25 by the committee page's "Revised 2/25/26".
Provenance
- Source
- www.coloradojudicial.gov
- Retrieved
- 2026-09-24
- Edition
- civ-2026-02-25
- Content hash
7e49a5625decb959cb585e12eac0de7ed538b17a8538956bc5ddbcd283386980
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