M Civ JI 112.10 Franchise Investment Law - Burden of Proof

Plaintiff has the burden of proving:

(1) that in connection with the filing, offer, sale, or purchase of any franchise, the defendant:

(a) employed any device, scheme, or artifice to defraud; or

(b) made any untrue statement of a material fact or failed to state a material fact that was necessary to prevent the statements that were made from being misleading under the circumstances; or

(c) engaged in any act, practice, or course of business that operated as a fraud or deceit upon any person; and

(2) that the plaintiff justifiably relied on the alleged misrepresentation or omission; and

(3) that the plaintiff suffered damages.

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.

History

Added July 2017. Amended January 2020.