M Civ JI 113.09 Unfair, Unconscionable, or Deceptive Methods, Acts, or Practices - Burden of Proof

Plaintiff has the burden of proving:

(a) that defendant engaged in trade or commerce;

(b) that defendant committed one or more of the prohibited methods, acts, or practices alleged by plaintiff; and

(c) that plaintiff suffered a loss as a result of defendant’s violation of the act.

Your verdict will be for the plaintiff if the plaintiff has proved all of those elements.

Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

Comment

When the particular statutory provision the plaintiff is proceeding under includes an element of fraud, the Court should include an instruction defining that element. Brownlow v McCall Enterprises, 315 Mich App 103 (2016).

History

M Civ JI 113.09 was added July 2012. Amended January 2020.