Ill. Pattern Jury Instr. (Civil) 800.02A

Misrepresentation--One Plaintiff and One Defendant --Clear and Convincing Evidence

Only as to Certain Elements

The plaintiff has the burden of proving each of the following propositions by clear and

convincing evidence:

First, the defendant made [a] false statement[s] of [a] material fact[s];

Second, [the defendant (knew) (or) (believed) the statement(s) (was) (were) false] [or]

[the defendant made the statement(s) in reckless disregard of whether (it was) (they were) true or

false].

The plaintiff has the burden of proving that each of the following propositions is more

probably true than not true:

Third, the defendant made the statement[s] with the intent to induce the plaintiff to [act]

[describe what the plaintiff did, e.g., “buy the farm”];

Fourth, the plaintiff reasonably believed the statement[s] and [acted] [describe what the

plaintiff did, e.g., “bought the farm”] in justifiable reliance on the truth of the statement[s];

Fifth, the plaintiff's damages resulted from his reliance.

If you find from your consideration of all the evidence that propositions First and Second

have been proved by clear and convincing evidence and that propositions Third, Fourth, and Fifth

are more probably true than not true, then your verdict should be for the plaintiff.

On the other hand, if you find from your consideration of all the evidence that any of

these propositions has not been proved as required in this instruction, then your verdict should be

for the defendant.