VF 3409. Tying Products or Services (Bus. Prof. Code, § 16727)

VF-3409. Tying--Products or Services (Bus. & Prof. Code, § 16727) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 We answer the questions submitted to us as follows: 1. Are [tying item] and [tied product or service] separate and distinct? ____ 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. Did [name of defendant] sell [tying product] only if the buyer also purchased [tied product or service], or did [name of defendant] sell [tying product] and require or otherwise coerce buyers [to also purchase [tied product or service]] [to agree not to purchase [tied product or service] from any other supplier]? ____ Yes ____ No If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 3. Does [name of defendant] have sufficient economic power in the market for [tying product] to coerce at least some consumers into purchasing [tied product or service]? ____ Yes ____ No If your answer to question 3 is yes, then answer question 4. If you VF-3409. Tying--Products or Services (Bus. & Prof. Code, § 16727) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 answered no, stop here, answer no further questions, and have the presiding juror sign and date this form. 4. Was [name of defendant]'s conduct a substantial factor in causing harm to [name of plaintiff]? ____ 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. What are [name of plaintiff]'s damages? Presiding Juror $ 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. _____________________________________________________________________________ New September 2003; Revised December 2010, December 2016