4101. Failure to Use Reasonable Care Essential Factual Elements

4101. Failure to Use Reasonable Care--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/it] was harmed by [name of defendant]'s breach of the fiduciary duty to use reasonable care. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was [name of plaintiff]'s [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[insert other fiduciary relationship]]; That [name of plaintiff] acted on [name of plaintiff]'s behalf for purposes of [insert description of transaction, e.g., "purchasing a residential property"]; That [name of defendant] failed to act as a reasonably careful [agent/stockbroker/real estate agent/real estate broker/corporate officer/partner/[insert other fiduciary relationship]] would have acted under the same or similar circumstances; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. 2. 3. 4. 5. ________________________________________________________________________________ New June 2006