What Is Contract Defense of Fraud Law in California
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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