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AMI 2701 Issues—Claim for Damages Based on Securities Fraud—Seller' Claim Against Purchaser

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2701
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 27. Securities Fraud
AMI 2701 Issues—Claim for Damages Based on Securities Fraud—Seller' Claim Against Purchaser
[Plaintiff] claims damages from [defendant] and has the burden of proving each of three essential propositions:
First, that [defendant] purchased a security from [plaintiff] in this state;
Second, that [defendant] purchased such security by means of [an untrue statement of a material fact][or][an omission to state a material fact necessary in order to make any statement made, in light of the circumstances under which it was made, not misleading];
And third, that [plaintiff] did not know that [the statement was untrue][or][that a material fact was omitted].
A fact or statement of fact is material if it was a substantial factor in influencing [plaintiff]'s decision. It is not necessary, however, that it be the paramount or decisive factor, but only one that a reasonable person would attach importance to in making a decision.
[If you find from the evidence in this case that each of these propositions has been proved, then your verdict should be for [plaintiff] but if, on the other hand, you find from the evidence that any of these propositions has not been proved, then your verdict should be for [defendant]].
NOTE ON USE
Do not use the final bracketed paragraph when the case is submitted on interrogatories.
COMMENT
This instruction is based on Ark. Code Ann. § 23-42-106(b)(1).
For a general discussion of the Arkansas Securities Act, see Comment to AMI 2700.
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