DE · jury_instructions
Del. P.J.I. Civ. § 19.13
Defenses - Fraud
FRAUD OR MISREPRESENTATION BY
A PARTY INVALIDATES CONTRACT
If there is a misrepresentation when a contract is being formed, the contract is
void. If you find that [defendant’s name] was involved in acts of intentional or
negligent misrepresentation when the contract was formed, then you must find that
there has been a breach of contract entitling [plaintiff’s name] to an award of
contractual damages.
If, on the other hand, you find that [defendant’s name] was involved in acts of
misrepresentation when the contract was formed, but that those misrepresentations
were not done purposely or negligently, but rather unintentionally, then the contract
is void only if you find that:
(1) there was, in fact, an unintentional misrepresentation;
(2) the misrepresentation was important to the contract’s essential purpose;
(3) the misrepresentation induced [plaintiff’s name] to enter into the
contract; and
(4) [plaintiff’s name] acted reasonably in entering into the contract given
the misrepresentation made.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
55175534a06c3486002ac0a2f3b67bc43e09c6f05bb4e60235b7d31fe3ab3358
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