409.7 Issues on Plaintiffs Claim - Fraudulent Misrepresentation | Pdf Doc Docx | Florida_JI

 Florida Jury Instructions   Civil   409 Substantive Instructions - Misrepresentation 
409.7 Issues on Plaintiffs Claim - Fraudulent Misrepresentation | Pdf Doc Docx | Florida_JI

Last updated: 4/8/2013

409.7 Issues on Plaintiffs Claim - Fraudulent Misrepresentation

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Description

409.7 Issues on Plaintiff's Claim - Fraudulent Misrepresentation The issues for you to decide on (claimant)'s claim [for fraudulent misrepresentation *] are: First, whether (defendant) [intentionally **] made a false statement concerning a material fact; Second, whether (defendant) knew the statement was false when [he] [she] [it] made it or made the statement knowing [he] [she] [it] did not know whether it was true or false; Third, whether (defendant) intended that another would rely on the false statement; and Fourth, whether (claimant) relied on the false statement. [On this claim for fraudulent misrepresentation, the ***] (claimant) may rely on a false statement, even though its falsity could have been discovered if (claimant) had made an investigation. However, (claimant) may not rely on a false statement if [he] [she] [it] knew it was false or its falsity was obvious to [him] [her] [it]. * The bracketed language "for fraudulent misrepresentation" should be used for clarity when there are also claims for negligent misrepresentation and/or negligently supplying false information for the guidance of others. ** The word "intentionally" should be used for clarity when there is also a claim for negligent misrepresentation. *** The bracketed language should be used for clarity when there is also a claim for negligent misrepresentation.

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