Wis JI-Civil 2770

The plaintiff claims that (grantor) violated the Wisconsin Fair Dealership Law by

(terminating) (cancelling) (failing to renew) (substantially changing the competitive

circumstances) of its dealership agreement w/_____ without good cause. Question ____ of

the special verdict asks:

Was the dealership agreement between (dealer) and (grantor) (e.g. terminated,

cancelled, etc.) by (grantor) for good cause?

To answer this question “yes” you must determine whether (grantor) had good cause

to (e.g. terminate) the dealership agreement it had with (dealer). The burden of proof on

this question is on (grantor) to satisfy you that it had good cause to (e.g. terminate) the

dealership agreement.

To determine if good cause existed, you must consider the efforts of (dealer) in

fulfilling the terms of the agreement. [(Grantor) had good cause to (e.g. terminate) its

dealership agreement with (dealer) if (dealer) did not substantially comply with an essential

and reasonable requirement imposed, or sought to be imposed, by (grantor). [A requirement

that discriminates against (dealer) and does not apply to other similar dealers either by its

terms or in the way it is enforced is not an essential and reasonable requirement.)]

[Where evidence of bad faith by a dealer is presented: (Grantor) had good cause to

(insert act) if (dealer) acted in bad faith in carrying out the dealership agreement. Bad faith

means an intention to take unfair advantage of (grantor) through fraud, dishonesty, or

failure to cooperate or to provide accurate information, or by other activities that render the

transaction unfair to (grantor).]

SPECIAL VERDICT

See Wis JI-Civil 2772.