700.12V(A-G) Questions for Verdict Form (for 700.12, et seq. Affirmative Defenses to Contract Enforcement) 700.12VA Incompetence Questions: [__.] Did [name of defendant] [names of defendants] prove [he] [she] [it] [they] [was] [were] under the age of 18 when the contract was made? ____ Yes ____ No OR [__.] Did [name of defendant] [names of defendants] prove that [he] [she] [it] [they] lacked the mental competence or capacity to understand the nature and consequences of the agreement at the time the contract was made? ____ Yes ____ No If your answer to question [__] is YES, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is NO, you should then answer question [__]. 700.12VA revised September 14, 2012 700.12VB Duress Questions: [__.] Did [name of defendant] [names of defendants prove [name of plaintiff] [third party __________] subjected [name of defendant] [names of defendants to duress as stated in these instructions? ____ Yes ____ No If your answer to question [__] is YES, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is NO, you should then answer question [__]. 700.12VB revised April, 2016 700.12V C & D Fraud and Misrepresentation Questions: WITHDRAWN 700.12VC&D withdrawn April, 2016 700.12VD Fraud Questions: [__.] Did [name of defendant] [names of defendants] prove [name of plaintiff] committed fraud as stated in these instructions? ____ Yes ____ No If your answer to question [__] is YES, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is NO, you should then answer question [__]. Questions for Verdict Form created April, 2016 700.12VE Frustration of Purpose/Impossibility of Performance Questions: [__.] Did [name of defendant] [names of defendants] prove [impossibility of performance] [frustration of purpose] as stated in these instructions? ____ Yes ____ No If your answer to question [__] is YES, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is NO, you should then answer question [__]. Questions for Verdict Form revised April, 2016 700.12VF Undue Influence Questions (fiduciary relationship claimed) 1. Did [name of defendant] [names of defendants] prove that [he] [she] [it] [they] placed trust and confidence in [name of plaintiff] [or third party]? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 2. Did [name of defendant] [names of defendants] prove [name of plaintiff] [or third party] actually or impliedly agreed to exercise [his] [her] [its] [their] judgment on behalf of [name of defendant] [names of defendants]? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 3. Did [name of defendant] [names of defendants] prove [name of plaintiff] [or third party] gained influence and superiority over [name of defendant] [names of defendants]? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 4. was fair? Did [name of plaintiff] prove by clear and convincing evidence the contract ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 5. Did [name of plaintiff] prove by clear and convincing evidence [name of defendant] [names of defendants] obtained independent advice? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 6. Did [name of plaintiff] prove by clear and convincing evidence the contract did not result from undue influence over [name of defendant] [names of defendants]? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 700.12VG Undue Influence Questions (fiduciary relationship arising under law) 1. was fair? Did [name of plaintiff] prove by clear and convincing evidence the contract ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 2. Did [name of plaintiff] prove by clear and convincing evidence the contract did not result from undue influence over [name of defendant] [names of defendants]? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it. If your answer to question [__] is YES, you should then answer question [__]. 3. Did [name of plaintiff] prove by clear and convincing evidence [name of defendant] [names of defendants] obtained independent advice? ____ Yes ____ No If your answer to question [__] is NO, then your deliberations are complete. You should disregard the remaining numbered questions, and go to Verdict B at the end of this verdict and sign it.