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AMI 2800 Issues—Claim for Damages Based on Termination, Cancellation or Failure to Renew Franch...

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2800

Arkansas Model Jury Instructions-Civil

December 2023 Update

Arkansas Supreme Court Committee On Jury Instructions-Civil

Chapter 28. Franchise Practices Act

AMI 2800 Issues—Claim for Damages Based on Termination, Cancellation or Failure to Renew Franchise

[Plaintiff] claims damages from [defendant] and has the burden of proving each of six essential propositions:

First, that [he][she][it] sustained damages;

Second, that [defendant] granted a franchise to [plaintiff];

Third, that the performance of the franchise contemplated or required [plaintiff] to establish or maintain a place of business in the State of Arkansas;

Fourth, that [defendant][terminated][cancelled][failed to renew] the franchise;

Fifth, [that the (termination) (cancellation) (or) (failure to renew) was without good cause][or][that the failure to renew was not in accordance with the current policies, practices, and standards established by (defendant), which in their establishment, operation, and application are not arbitrary or capricious]; and

Sixth, that the [termination][cancellation][failure to renew] was a proximate cause of [plaintiff]'s damages.

[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 bracketed paragraph if the case is submitted on interrogatories.

COMMENT

This instruction is based on Ark. Code Ann. § 4-72-204(a). No instruction is provided concerning issues of notice or right to cure found in § 4-72-204(b), (d). If a case has such issues, an appropriate instruction should be prepared.

The Committee has not proposed a definition for the terms “arbitrary” or “capricious” from Arkansas case law, because cases that use those terms were decided in the context of the review of administrative matters and usually used the words “arbitrary and capricious” as a term of art. If the court or practitioner believes a definition of those terms is necessary in a particular case, an appropriate instruction should be prepared.

End of Document