AMI 2902 Issues—Claim for Damages Based on Deception, Fraud, or False Pretense and Concealment,...

[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].]