AMI 2902 Issues—Claim for Damages Based on Deception, Fraud, or False Pretense and Concealment,...
Ark. Model Jury Instr., Civil AMI 2902
Arkansas Model Jury Instructions-Civil
November 2021 Update
Chapter 29. Deceptive Trade Practices
AMI 2902 Issues—Claim for Damages Based on Deception, Fraud, or False Pretense and Concealment, Suppression, or Omission of Material Facts in Sales Transaction
[Plaintiff] claims damages from [defendant] and has the burden of proving each of three [four] essential propositions:
First, that (he)(she) has sustained actual financial loss;
Second, that [defendant](used a deception, fraud, or false pretense)(or)(concealed, suppressed, or omitted a material fact) in connection with the sale or advertisement of goods, services, or a charitable solicitation; (and)
[Third, that [defendant] intended that others rely upon the concealment, suppression, or omission; and]
[Third][Fourth], that [his or her]'s actual financial loss was proximately caused by his or her reliance on the defendant's conduct described above.
[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
Use the first bracketed paragraph as the third proposition if the cause of action is based on the concealment, suppression, or omission of a material fact. Do not use the final bracketed paragraph if the case is submitted on interrogatories.
This instruction is based on Ark. Code Ann. §§ 4-88-107 and 108.
Refer to the Comment to AMI 2900 for a discussion of Act 986 of 2017 and its substantive modifications to the ADTPA.
© 2021 Arkansas Supreme Court Committee on Jury Instructions-Civil
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