UT · jury_instructions
MUJI 2d CV2123
Improper threat.
For purpose of the instruction I just read, a threat is "improper" if [use only those relevant to the case] what was threatened is:
(1) a crime [identify the criminal violation and, if necessary, the elements thereof] or a tort [identify the tort and, if necessary, the elements thereof], or the threat itself would be a crime or a tort if it resulted in obtaining property;
(2) a criminal prosecution;
(3) a lawsuit and the threat is made in bad faith, or
(4) a breach of the unwritten or implied promise to deal fairly and in good faith in a contract with the recipient.
A threat is also "improper" if [use only those relevant to the case] the resulting exchange is not on fair terms, and:
(1) the threatened act would harm the recipient and would not significantly benefit the party making the threat,
(2) the effectiveness of the threat in influencing the agreement is significantly increased by prior unfair dealing by the party making the threat, or
(3) what is threatened is otherwise a use of power for illegitimate ends.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
8d788b73f520cdcfed875125d9bb66073f7509f4de9e053e4e72eacda4f90569
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