700.12D [4] Fraud Alternative 1 ­ Clear and Convincing Evidence Only as to Certain Elements Generally, the law provides if one party fraudulently by misrepresentation of a material fact convinced another to enter into a contract, then that party cannot enforce that contract against the other. [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden of proving each of the following propositions by clear and convincing evidence: First, [name of plaintiff] made the following statements: [Here insert or paraphrase the allegedly fraudulent statement or statements that the plaintiff is claimed to have made.] Second, the statement[s] [was a] [were] false statement[s] of material fact[s]. Third, [the plaintiff [knew] [or] [believed] the statement[s] [was] [were] false] [or] [the plaintiff made the statements in reckless disregard of whether [it was] [they were] true or false]. The defendant has the burden of proving that each of the following propositions is more probably true than not true. Fourth, the plaintiff made the statement[s] with the intent to induce the defendant to enter into the contract; Fifth, the defendant reasonably believed the statement[s] and [acted] in justifiable reliance on the truth of the statement[s]; Sixth, the defendant entered into the contract based upon the defendant's reliance on the statements made by the plaintiff. Plaintiff denies defendant's claim of fraud. You will address these issues in question [__] on your verdict. Alternative 2 ­ Clear and Convincing Evidence on all Elements Generally, the law provides if one party fraudulently by misrepresentation of material facts convinced another to enter into a contract, then that party cannot enforce that contract against the other. [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden of proving each of the following propositions by clear and convincing evidence: First, [name of plaintiff] made the following statements: [Here insert or paraphrase the allegedly fraudulent statement or statements that the plaintiff is claimed to have made.] Second, the statement[s] [was a] [were] false statement[s] of material fact[s]. Third, [the plaintiff [knew] [or] [believed] the statement[s] [was] [were] false] [or] [the plaintiff made the statements in reckless disregard of whether [it was] [they were] true or false]. Fourth, the plaintiff made the statement[s] with the intent to induce the defendant to enter into the contract; Fifth, the defendant reasonably believed the statement[s] and [acted] in justifiable reliance on the truth of the statement[s]; Sixth, the defendant entered into the contract based upon the defendant's reliance on the statements made by the plaintiff. Plaintiff denies defendant's claim of fraud. You will address these issues in question [__] on your verdict.