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CACI 335

What Is Contract Defense of Fraud Law in California

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What is the Law in California for the Contract Defense of Fraud - California Civil Jury Instruction CACI 335

California Law

CA Civil Jury Instructions

CACI 335 - Contract Defense of Fraud

As of September 1, 2010

California Civil Jury Instruction CACI 335

335. Affirmative Defense—Fraud

[Name of defendant] claims that no contract was created because

[his/her/its] consent was obtained by fraud. To succeed, [name of

defendant] must prove all of the following:

1. That [name of plaintiff] represented that [insert alleged

fraudulent statement];

2. That [name of plaintiff] knew that the representation was

not true;

3. That [name of plaintiff] made the representation to persuade

[name of defendant] to agree to the contract;

4. That [name of defendant] reasonably relied on this

representation; and

5. That [name of defendant] would not have entered into the

contract if [he/she/it] had known that the representation

was not true.

If you decide that [name of defendant] has proved all of the above,

then no contract was created.

If you decide that [name of defendant] has proved both of the

above, then no contract was created.

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