32.22 [1978 Revision] Affirmative Defenses-Avoidance of Affirmative Defense-Release Obtained by Fraud

Instruction No 1 32.22 [1978 Revision] Affirmative Defenses--Avoidance of Affirmative Defense--Release Obtained by Fraud Your finding must be for plaintiff on the defense of release submitted in (here insert number of the affirmative defense instruction which Instruction Number submits release ) if you believe: First, defendant represented (here insert the factual representation allegedly made in connection with the release ), and Second, the representation was false, and Third, [defendant knew it was false] [or] [defendant did not know whether it was true or false], and Fourth, the representation was material to the execution of the release by plaintiff, and Fifth, plaintiff relied on the representation in executing the release.