WI · jury_instructions
Wis JI-Civil 2418B
Unfair trade practice: untrue, deceptive, or misleading representation: Wis. Stat. 100.18(1) [for claims brought by the state]
To constitute an untrue, deceptive, or misleading representation in this case, there are
two 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].
(Give Wis JI-Civil 200.)
History
Wis JI-Civil 2418B (2/2025). Release No. 58. Wisconsin Court System, 2/2025. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
dc68fedcea280fff8b2a0082322ff774d56e23662056060991276913bbbd5655
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