WPI 160.04 Fraud—Burden of Proof on the Issues
6A WAPRAC WPI 160.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 160.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XII. Fraud
Chapter 160. Fraud
WPI 160.04 Fraud—Burden of Proof on the Issues
(Name of fraud claimant(s))[has] [have] the burden of proving by clear, cogent, and convincing evidence each of the following elements on [his] [her] [their] [its] claim of fraud:
(1) that(name of fraud defendant)made a representation of existing fact;
(2) that the fact represented was material;
(3) that the representation was false;
(4) that(name of fraud defendant)knew the representation was false;
(5) that(name of fraud claimant(s))did not know that the representation was false;
(6) that(name of fraud defendant)intended that(name of fraud claimant(s))would act upon the representation;
(7) that(name of fraud claimant(s))had a right to rely on the truth of the representation;
(8) that(name of fraud claimant(s))did rely on the truth of the representation; and
(9) that(name of fraud claimant(s))[was] [were] damaged by reliance on the representation.
If you find from your consideration of all the evidence that each of these elements has been proved, your verdict should be for(name of fraud claimant(s))on this claim. On the other hand, if any of these elements has not been proved, your verdict should be for(name of fraud defendant)on this claim.
NOTE ON USE
Use this instruction with one of the instructions on the applicable burden of proof, WPI 160.02 (Fraud—Burden of Proof) or WPI 160.03 (Fraud—Burden of Proof—Combined with Preponderance of Evidence).
COMMENT
The instruction is similar to WPI 160.01 (Elements of Fraud), but presents the information in a different format.
For a discussion of related issues, see the Comment to WPI 160.01 (Elements of Fraud).
[Current as of April 2021.]
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