US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 7.12
Maintenance and Cure—Willful and Arbitrary Failure to Pay
The plaintiff [name] also contends the defendant [name] willfully and arbitrarily failed to pay [maintenance] [and] [cure] when it was due. On this issue, the plaintiff [name] must prove each of the following elements by a preponderance of the evidence:
First, the plaintiff [name] was entitled to [maintenance] [and] [cure];
Second, the defendant [name] willfully and arbitrarily failed to provide [maintenance] [and] [cure]; and
Third, the defendant [name]’s failure to provide [maintenance] [and] [cure] resulted in injury to the plaintiff [name].
If you find the plaintiff [name] has proved each of the elements on which [he] [she] [other pronoun] has the burden of proof, you should answer “yes” on the verdict form where indicated; otherwise answer “no.”
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
72ac01da518ed8e5cf5408c62a9cea79cce9191a4664523d53b56c3fb055132c
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