335. Affirmative Defense--Fraud Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that no contract was created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. 2. 3. 4. 5. That [name of plaintiff] represented that [insert alleged fraudulent statement]; That [name of plaintiff] knew that the representation was not true; That [name of plaintiff] made the representation to persuade [name of defendant] to agree to the contract; That [name of defendant] reasonably relied on this representation; and 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. ___________________________________________________________________________ New September 2003