800.02A. Fraud and Deceit-Burden of Proof on Issues-Alt. 1-Fraudlnt Misrep.-1 Pltf 1 Deft-Clear Convincing Evid. Cert. Els. Only

800.02A Fraud and Deceit--Burden of Proof on the Issues--Alternative One-- Fraudulent Misrepresentation--One Plaintiff and One Defendant--Clear and Convincing Evidence Only as to Certain Elements The plaintiff has the burden of proving each of the following propositions by clear and convincing evidence: First, the defendant made [a] false statement[s] of [a] material fact[s]; Second, [the defendant [knew] [or] [believed] the statement[s] [was] [were] false] [or] [the defendant made the statement[s] in reckless disregard of whether [it was] [they were] true or false]. The plaintiff has the burden of proving that each of the following propositions is more probably true than not true: Third, the defendant made the statement[s] with the intent to induce the plaintiff to [act] [describe what the plaintiff did, e.g., "buy the farm"]; Fourth, the plaintiff reasonably believed the statement[s] and [acted] [describe what the plaintiff did, e.g., "bought the farm"] in justifiable reliance on the truth of the statement[s]; Fifth, the plaintiff's damages resulted from his reliance. If you find from your consideration of all the evidence that propositions First and Second have been proved by clear and convincing evidence and that propositions Third, Fourth, and Fifth are more probably true than not true, then your verdict should be for the plaintiff. On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proved as required in this instruction, then your verdict should be for the defendant.