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FL · jury_instructions

Fla. Std. Jury Instr. (Civ.) 409.7

ISSUES ON PLAINTIFF’S CLAIM — FRAUDULENT MISREPRESENTATION

activein force · 2026-07-06 – presentact-effective-date

The issues for you to decide on (claimant’s) claim for fraudulent misrepresentation are:

First, whether (defendant) made a false statement concerning a material fact;

Second, whether (defendant) knew the statement was false when [he] [she] [it] made it or made the statement knowing [he] [she] [it] did not know whether it was true or false;

Third, whether (defendant) intended that another would rely on the false statement;

Fourth, whether (claimant) relied on the false statement; and, if so,

Fifth, whether the reliance on the false statement was a legal cause of [loss] [injury] [or] [damage] to (claimant).

On this claim for fraudulent misrepresentation, (claimant) may rely on a false statement, even though its falsity could have been discovered if (claimant) had made an investigation. However, (claimant) may not rely on a false statement if [he] [she] [it] knew it was false or its falsity was obvious to [him] [her] [it].

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
bb3f7e17518047706d2874893038121dfce8d6f76e466f9ea30bfefd9e7a7495
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