23.05 [1996 Revision] Verdict Directing-Fraudulent Misrepresentations

Instruction No 1 23.05 [1996 Revision] Verdict Directing--Fraudulent Misrepresentations Your verdict must be for plaintiff if you believe: First, defendant (describe act such as "represented to plaintiff that the motor vehicle was new" ), intending that plaintiff rely upon such representation in (purchasing the motor vehicle ), and Second, the representation was false, and Third, [defendant knew that it was false] [defendant knew that it was false at the time the representation was made] [defendant did not know whether the representation was true or false], and Fourth, the representation was material to the (purchase by plaintiff of the motor vehicle ), and Fifth, plaintiff relied on the representation in (making the purchase ), and [in so relying plaintiff used that degree of care that would have been reasonable in plaintiff's situation, and] Sixth, as a direct result of such representation the plaintiff was damaged. * [unless you believe plaintiff is not entitled to recover by reason of Instruction Number (here insert number of affirmative defense instruction ) ]. *** Cases involving multiple misrepresentations.