800.09A Fraud and Deceit--Burden of Proof on the Issues--Alternative One-- Fraudulent Concealment--One Plaintiff and One Defendant--Clear and Convincing Evidence Only as to Certain Elements The plaintiff has the burden of proving each of the following propositions by clear and convincing evidence: First, the defendant knowingly [concealed] [withheld] from the plaintiff [a] material fact[s]; Second, that the defendant [concealed] [withheld] the fact[s] with the intent to deceive the plaintiff and induce the plaintiff to [act] [describe what the plaintiff did, e.g., "buy the farm"]. The plaintiff has the burden of proving each of the following propositions is more probably true than not true: Third, the plaintiff [acted] [describe what the plaintiff did, e.g., "bought the farm"] in justifiable reliance on the facts as he knew them; Fourth, the plaintiff's damages resulted from the [concealment] [withholding] of [a] material fact[s] by the defendant. If you find from your consideration of all the evidence that propositions First and Second have been proved by clear and convincing evidence and that propositions Third and Fourth are more probably true than not true, then your verdict should be for the plaintiff. On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proved as required in this instruction, then your verdict should be for the defendant.