M Civ JI 128.04 Innocent Misrepresentation

Plaintiff claims that defendant made an innocent misrepresentation of material fact. To establish this, plaintiff has the burden of proving:

(a) that defendant made a representation of [ a material fact / material facts ].

(b) that the representation was made in connection with the making of a contract between plaintiff and defendant.

(c) that the representation was false when it was made.

(d) that plaintiff would not have entered into the contract if defendant had not made the representation.

(e) that plaintiff had a loss as a result of entering into the contract.

(f) that plaintiff’s loss benefited the defendant.

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

United States Fidelity & Guaranty Co v Black, 412 Mich 99; 313 NW2d 77 (1981); Irwin v Carlton, 369 Mich 92; 119 NW2d 617 (1963); Converse v Blumrich, 14 Mich 109, 123; 90 Am Dec 230 (1866).

An action for innocent misrepresentation may be maintained even though plaintiff’s loss is greater than defendant’s gain. Aldrich v Scribner, 154 Mich 23; 117 NW2d 581 (1908).

History

M Civ JI 128.04 was added December 1994. Amended January 2020.