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WPI 160.01 Elements of Fraud

6A WAPRAC WPI 160.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 160.01 (7th ed.)

Washington Practice Series TM

Washington Pattern Jury Instructions--Civil

April 2022 Update

Washington State Supreme Court Committee on Jury Instructions

Part XII. Fraud

Chapter 160. Fraud

WPI 160.01 Elements of Fraud

There are nine elements of fraud. They are:

(1) Representation of an existing fact;

(2) Materiality of the representation;

(3) Falsity of the representation;

(4) The speaker's knowledge of its falsity;

(5) The speaker's intent that it be acted upon by the plaintiff;

(6) Plaintiff's ignorance of the falsity;

(7) Plaintiff's reliance on the truth of the representation;

(8) Plaintiff's right to rely upon it; and

(9) Resulting damage.

NOTE ON USE

Use either WPI 160.02 (Fraud—Burden of Proof) or WPI 160.03 (Fraud—Burden of Proof—Combined with Preponderance of Evidence) on the burden of proof with this instruction. Replace “plaintiff” with the name of the person to whom the representation is made, as appropriate.

This instruction may not be needed if the jury is being instructed with WPI 160.04 (Fraud—Burden of Proof on the Issues). This instruction may be needed if another instruction refers to fraud. For example, WPI 301.01 (Contract Defined).

COMMENT

The nine elements are set forth in Stiley v. Block, 130 Wn.2d 486, 505, 925 P.2d 194 (1996), and Hoffer v. State, 110 Wn.2d 415, 425, 755 P.2d 781 (1988), affirmed on rehearing, 113 Wn.2d 148, 153, 776 P.2d 963 (1989), and the cases cited therein. If the fraud involves the transfer of property with intent to hinder a creditor or for insufficient value, see the Uniform Voidable Transactions Act, RCW Chapter 19.40, for statutory remedies.

With regard to drafting a burden of proof instruction for fraud claims, see WPI 160.02 (Fraud—Burden of Proof) and WPI 160.03 (Fraud—Burden of Proof—Combined With Preponderance of the Evidence).

[Current as of April 2021.]

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