3302. Loss Leader Sales Essential Factual Elements

3302. Loss Leader Sales--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] [offered to sell/sold/offered the use of] [product/service] as an unlawful loss leader. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. That [name of defendant] [offered to sell/sold/offered the use of] [product/service] at prices that were below [his/her/its] costs; [Insert one or more of the following:] [That [name of defendant]'s purpose was to influence, promote, or encourage the purchase of other merchandise from [him/her/it]; [or]] [That the [offer/sale] had a tendency or capacity to mislead or deceive purchasers or potential purchasers; [or]] [That the [offer/sale] took business away from or otherwise injured competitors;] 3. 4. 5. That [name of defendant]'s intent was to injure competitors or destroy competition; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003