South Carolina Jury Instruction - 3.1 Fraud - With Defense Of Waiver
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FAQ
Many federal circuits have pattern jury instructions formulated by committees of judges and practitioners and approved by the circuit for use in criminal cases. The Fourth Circuit does not.
The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the doctrine of comparative negligence.
Pattern Jury Instr. Civ. WPI 11.01 (7th ed.) Contributory negligence is negligence on the part of a person claiming injury or damage that is a proximate cause of the injury or damage claimed.
RCW 4.22. 005 provides in part that ?any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery.? Contributory negligence.
Since damages are asserted in the plaintiff's negligence claim against the defendant, the defendant's contributory negligence charge involves only three elements: duty, breach, and causation.
Contributory negligence can be a complex issue, but a simple example of this is in road traffic accident claims where the claimant has failed to wear a seatbelt. The court will deduct 25 per cent for contributory negligence if it's agreed the claimant would not have suffered any injury had they been wearing a seatbelt.