Wis JI-Civil 2418A

To constitute an untrue, deceptive, or misleading representation in this case, there are

three elements2 which must be proved by (plaintiff).

First, (defendant) made, published, or placed before one or more members of the public

an advertisement, announcement, statement, or representation concerning the (sale) (hire)

(use) (lease) (distribution) of [Note: indicate nature of the sales

promotion]. An advertisement, announcement, statement, or representation can be oral or

written. It can appear in a newspaper, magazine, or other publication or it can be made by

telephone or over radio or television. It may take the form of a notice, handbill, circular,

pamphlet, letter, or any other means of (publishing) (disseminating) (circulating) it. [It may

also take the form of a face-to-face communication.]

Second, the advertisement or announcement contained a(n) (assertion) (representation)

(statement) that was untrue, deceptive, or misleading. A(n) (assertion) (representation)

(statement) is untrue if it is false, erroneous, or does not state or represent things as they are.

A(n) (assertion) (representation) (statement) is deceptive or misleading if it causes a reader or

listener to believe something other than what is in fact true or leads to a wrong belief. The

(assertion) (representation) (statement) need not be made with knowledge as to its falsity or

with an intent to defraud or deceive so long as it was made with the intent to (sell)

(distribute) the [product or item] or with the intent to induce the (purchase) (use)

of the [product or item].

Third, (plaintiff) sustained a monetary loss as a result of the (assertion) (representation)

(statement). In determining whether (plaintiff)’s loss was caused by the (assertion)

(representation) (statement), the test is whether (plaintiff) would have acted in its absence.

Although the (assertion) (representation) (statement) need not be the sole or only

motivation for (plaintiff)’s decision to (buy) (rent) (use) the [product or item], it

must have been a material inducement. That is, the (assertion) (representation) (statement)

must have been a significant factor contributing to (plaintiff)’s decision. [You may consider

the reasonableness of (plaintiff)’s reliance on the (assertion) (representation) (statement) by

(defendant) in determining whether the (assertion) (representation) (statement) materially

induced (plaintiff) to sustain a monetary loss.]

(Give Wis JI-Civil 200.)