VF 3303. Below Cost Sales Claim Affirmative Defense Discontinued Damaged Perishable

VF-3303. Below Cost Sales Claim--Affirmative Defense-- Closed-out, Discontinued, Damaged, or Perishable Items Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Did [name of defendant] [offer to sell/sell] [product/service] at a price that was below cost? ____ Yes ____ No If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 2. Were [his/her/its] sales in the course of closing out, in good faith, all or any part of [his/her/its] supply of [product], in order to stop trade in [product]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, skip question 3 and answer question 4. 3. Did [name of defendant] give sufficient notice of the sale to the public? ____ Yes ____ No If your answer to question 3 is no, then answer question 4. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Was [name of defendant]'s purpose to injure competitors or destroy VF-3303. Below Cost Sales Claim--Affirmative Defense--Closed-out, Discontinued, Damaged, or Perishable Items Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 competition? ____ Yes ____ No If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 5. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? ____ Yes ____ No If your answer to question 5 is yes, then answer question 6. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 6. Signed: Dated: After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom. _____________________________________________________________________________ What are [name of plaintiff]'s damages? Presiding Juror $ New September 2003; Revised December 2010, December 2016