M Civ JI 113.07 Bona Fide Error - Definition

Defendant claims that, if there was a violation of the Consumer Protection Act, it was a bona fide error, which will limit the amount of recovery. If you find a violation of the act to have occurred, you will decide if this defense has been established.

To establish this defense, the defendant has the burden of proving:

(a) that the violation occurred because of a good faith error on the part of the defendant; and

(b) that defendant maintained procedures reasonably adapted to avoid this error.

If you find that defendant has proved both of those elements, then you must find that the violation was a bona fide error. If both of those elements were not proved, the violation is not a bona fide error.

Note on Use

This instruction should be given if bona fide error is pled.

Comment

The bona fide error defense, limiting recovery to actual damages, is set forth at MCL 445.911(8). See Head v Phillips Camper Sales & Rental, Inc, 234 Mich App 94, 593 NW2d 595 (1999), and Temborius v Slatkin, 157 Mich App 587, 403 NW2d 821 (1986).

History

M Civ JI 113.07 was added July 2012. Amended January 2020.