UJI 13-834. Misrepresentation.

______________ (name of defendant) claims that the contract upon which ______________ (name of plaintiff) relies is void because of misrepresentation by ______________ (name of plaintiff). To establish the defense of misrepresentation, ______________ (name of defendant) must prove all of the following: 1. That ______________ (name of plaintiff) made a misrepresentation; 2. That the misrepresentation was [fraudulent] [or] [material]; 3. That ______________ (name of defendant) would not have entered into the contract if _______________ (name of defendant) had known that the representation was untrue; and 4. That ______________ (name of defendant)’s reliance on the misrepresentation was justified. [A material misrepresentation is any untrue statement upon which the other party did in fact rely in entering into the contract, and without which the other party would not have entered into the agreement.] [A misrepresentation is fraudulent if one party makes it with the intent to deceive and to cause the other party to act on it. If a fraudulent misrepresentation is at issue, it must be proven by clear and convincing evidence.]