Proposed Mississippi Plain Language Model Jury Instructions - Civil 711

Statement of Law

A contract based on one party’s false statements cannot be enforced. If the false

statements were intentionally made to get the other party to agree to the contract, and they

concerned important conditions or terms in the contract, then the contract cannot be enforced.

The other party must have relied on those false statements in deciding to enter into the contract.

General Instruction

[Name of defendant] claims that [name of plaintiff or party allegedly making false

statements] intentionally made false statements to [name of defendant] to get [him/her/it] to enter

into the contract and that [name of defendant] is not legally responsible for any alleged breach of

contract. To establish this claim, [name of defendant] must prove all of the following are true by

clear and convincing evidence:

1. [Name of plaintiff or party allegedly making false statements] intentionally made false

statements concerning ____________________ [describe the false statements] to [name of

defendant];

2. [Name of plaintiff or party allegedly making false statements] knew that the statements were

false, and [he/she/it] made them to get [name of defendant] to enter into the contract;

3. The false statements concerned important conditions or terms in the contract; and

4. [Name of defendant] relied on those false statements in deciding to enter into the contract.

Definition(s) in this Instruction:

In this instruction, “clear and convincing evidence” means that the evidence is so strong

that it leads you to a firm belief or conclusion, without hesitating, as to what the facts are and that

the party’s [claim/claims] [is/are] true.

Verdict Form

We answer the questions submitted to us as follows:

1. Did [name of plaintiff or party allegedly making false statements] intentionally make false

statements concerning ____________________ [describe the false statements] to [name of

defendant]?

YES _______ NO ________

If your answer to question 1 is YES, then answer question 2. If you answered NO, stop

here and tell the bailiff.

2. Did [name of plaintiff or party allegedly making false statements] know the statements were

false, and did [he/she/it] make them to get [name of defendant] to enter into the contract?

YES _______ NO ________

If your answer to question 2 is YES, then answer question 3. If you answered NO, stop

here and tell the bailiff.

3. Did the false statements concern important conditions or terms in the contract?

YES _______ NO ________

If your answer to question 3 is YES, then answer question 4. If you answered NO, stop

here and tell the bailiff.

4. Did [name of defendant] rely on those false statements in deciding to enter into the contract?

YES _______ NO ________

If your answers to questions 1-4 are YES, then you must find in favor of [name of

defendant] on [his/her/its] claim that the contract was made based on intentionally false

statements.

After you have filled out the verdict form, please tell the bailiff that you have reached a verdict.