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AMI2902Issues—Claim for Damages Based on Deception, Fraud, or False Pretense and Concealment, S...

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2902
Arkansas Model Jury Instructions-Civil
November 2020 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
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.
COMMENT
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.
End of Document