Ill. Pattern Jury Instr. (Civil) 800.09A

Concealment--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 knowingly [concealed] [withheld] from the plaintiff [a] material

fact[s];

Second, that the defendant [concealed] [withheld] the fact[s] with the intent to deceive

the plaintiff and induce the plaintiff to [act] [describe what the plaintiff did, e.g., “buy the farm”].

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

probably true than not true:

Third, the plaintiff [acted] [describe what the plaintiff did, e.g., “bought the farm”] in

justifiable reliance on the facts as he knew them;

Fourth, the plaintiff's damages resulted from the [concealment] [withholding] of [a]

material fact[s] by the defendant.

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

have been proved by clea r and convincing evidence and that propositions Third and Fourth 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.