OK · jury_instructions
OUJI-CIV No. 18.11
AFFIRMATIVE DEFENSE --- WAIVER BY PLAINTIFF PRIOR TO [HIS/HER}
AFFIRMATIVE DEFENSE --- WAIVER BY PLAINTIFF PRIOR TO [HIS/HER}
COMPLETE PERFORMANCE
[Defendant] is not liable to [Plaintiff] on [his/her] claim of deceit if the
affirmative defense of waiver is established. This defense is established if you find both
of the following:
1. After [Plaintiff] began the course of action contemplated by the parties to the
transaction, but before that course of action was completed, [Plaintiff] le arned
what the actual facts were; and
2. Nonetheless, with full knowledge of the actual facts, [Plaintiff] thereafter
continued the course of action contemplated by the transaction, when a
reasonably careful person under the same or similar circums tances would not
have done so.
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
23efa8471afd797eb250488a494f86dd1861c0c9de2f81aa7ae6900187ea910e
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