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FL · jury_instructions

Fla. Std. Jury Instr. (Civ.) 409.75

CIVIL CONSPIRACY — ISSUES ON PLAINTIFF’S CLAIM — FRAUDULENT MISREPRESENTATION

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

[On (claimant’s) claim for civil conspiracy to commit fraudulent misrepresentation, you must decide the claim separately for [each defendant] [(list defendants at issue in this claim)].]

The issues on [this claim] [(claimant’s) claim for civil conspiracy to commit fraudulent misrepresentation] are:

First, [as to] [each defendant] [(list defendants at issue in this claim)] whether [each of them] [(defendant)] entered into an agreement with [another] [others] [each other] to commit fraudulent misrepresentation;

Second, whether a party to [that] [each defendant’s] agreement made a false statement of material fact in furtherance of that agreement;

Third, whether the party who made the misrepresentation knew that the statement in furtherance of [the] [each defendant’s] agreement was false when [he] [she] [it] made it or made the statement knowing that [he] [she] [it] did not know whether it was true or false;

Fourth, whether the party who made the misrepresentation intended that another would rely on the false statement;

Fifth, whether (claimant) relied on the false statement made in furtherance of [the] [each defendant’s] agreement, and if so;

Sixth, whether the reliance on the false statement made in furtherance of [the] [each defendant’s] agreement was a legal cause of [loss] [injury] [or] [damage] to (claimant).

On this claim for conspiracy to commit 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].

If the greater weight of the evidence does not support (claimant’s) claim, then your verdict should be for (defendant). However, if the greater weight of the evidence supports (claimant’s) claim, [then your verdict should be for (claimant) and against (defendant)] [then you shall consider the defense[s] raised by (defendant)].

Provenance

Source
floridabar.org
Retrieved
2026-08-18
Edition
2026-08-18
Content hash
dafe0e1d0e88386eca985fdcc4b05a80f7e2917cd5619ea5cab573dad449513c
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