AMI 2903 Issues—Imputed Liability—Deceptive Trade Practices

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2903

Arkansas Model Jury Instructions-Civil

December 2023 Update

Arkansas Supreme Court Committee On Jury Instructions-Civil

Chapter 29. Deceptive Trade Practices

AMI 2903 Issues—Imputed Liability—Deceptive Trade Practices

(Plaintiff)[also] seeks damages from (defendant), and has the burden of proving the following three essential propositions:

First, that all the essential propositions exist [for a verdict against][to prove a deceptive trade practice by](person committing deceptive trade practice);

Second, that (defendant)[directly or indirectly controlled][or][was a (partner), (officer), (or) (director) of](person committing deceptive trade practice); and

Third, that (defendant) knew or reasonably should have known of the existence of the facts by reason of which (person committing deceptive trade practice)'s [liability][deceptive trade practice] exists.

[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 bracketed word “also” if the person committing the deceptive trade practice is a defendant in the suit. In the first and third propositions, use the first bracketed portions if the person committing the deceptive trade practice is a defendant in the suit.

If the person committing the deceptive trade practice is not a defendant, use AMI 2900 as the basis for instructing the jury as to the essential propositions to prove a deceptive trade practice. This may be accomplished by a separate instruction or by modifying the first proposition of this instruction to include the essential propositions of AMI 2900 that are applicable.

Do not use the bracketed paragraph if the case is submitted on interrogatories.

COMMENT

This instruction is based on Ark. Code Ann. § 4-88-113(d)(1). See AMI 2901 for the definition of the word “person” as used in connection with this instruction.

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