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WI · jury_instructions

Wis JI-Civil 2797A

Affirmative defense: good faith - Wis. Stat. 242.08

activein force · 2025-11-01 – presentas-observed

(Defendant) is not liable to (plaintiff) [on the claim for actual fraud]1 if (defendant)

proves both of the following:

Use one of the following two sets of elements:

[1. That (defendant) took the property from (debtor) in good faith; and

2. That (he) (she) (it) took the property for a reasonably equivalent value.]

or

[1. That (defendant) received the property from (third party), who had taken the

property from (debtor) in good faith; and

2. That (third party) had taken the property for a reasonably equivalent value.]

“Good faith” means that (defendant) did not have actual or constructive notice of

(plaintiff)’s rights in the (property/obligation). If you decide (defendant) had, or under

the facts and circumstances should have had, such notice, then (defendant) did not take

the (property) (obligation) in good faith.2

[Give Wis JI-Civil 200, Burden of Proof: Ordinary.]

History

Wis JI-Civil 2797A (11/2025). Release No. 59. Wisconsin Court System, 11/2025. 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
385b20d2f97eda734ac29e216ad2b4f13742b86c6688effd3e03997b3a3d26d8
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