CJI-Civ. 9:4

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

pronoun) claim of negligent misrepresentation, you must find all of the following have been

proved by a preponderance of the evidence:

1. The defendant gave false information to the plaintiff;

2. The defendant gave such information to the plaintiff in the course of (the

defendant’s [business] [profession] [employment]) (a transaction in which the defendant

had a financial interest);

3. The defendant gave the information to the plaintiff for the (guidance) (use) of the

plaintiff in a business transaction;

4. The defendant was negligent in obtaining or communicating the information;

5. The defendant gave the information with the intent or knowing that (the plaintiff)

(a limited group of persons of which the plaintiff was a member) would (act) (or) (decide

not to act) in reliance on the information;

6. The plaintiff relied on the information supplied by the defendant; and

7. This reliance on the information supplied by the defendant caused damage 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.