Civil: Jury Instruction, Breach of Implied Covenant to Perform Work in a Good and Competent Manner—Essential Factual Elements
“Plaintiff claims that Defendant failed to perform the work for the [e.g., kitchen remodeling]. To…
Civil: Jury Instruction, Breach of Implied Covenant to Provide Necessary Items Within Owner’s Control—Essential Factual Elements
“In every construction contract, it is understood that the owner will provide access to the…
Civil: Jury Instruction, Owner’s Liability for Failing to Disclose Important Information Regarding a Construction Project—Essential Factual Elements
“Plaintiff claims that he was harmed because Defendant failed to disclose important information regarding [e.g.,…
Civil: Jury Instruction, Breach of Implied Warranty of Correctness of Plans and Specifications—Essential Factual Elements
“Plaintiff claims that Defendant provided plans and specifications for the project that were not correct.…
Civil: Jury Instruction, Affirmative Defense—Statute of Limitations
“Defendant contends that Plaintiff’s lawsuit was not filed within the time set by law. To…
Civil: Jury Instruction, Constructive Fraud (Civ. Code, § 1573)
“Plaintiff claims that he was harmed because Defendant misled him by failing to provide Plaintiff…
Civil: Jury Instruction, Breach of Duty by Real Estate Seller’s Agent—Inaccurate Information in Multiple Listing Service—Essential Factual Elements (Civ. Code, § 1088)
“Defendant, as the real estate broker/salesperson/appraiser for Seller, listed the property for sale in a…
Civil: Jury Instruction, Duty of Disclosure by Seller’s Real Estate Broker to Buyer
“A real estate broker for the seller of property must disclose to the buyer all…
Civil: Jury Instruction, Duty of Disclosure by Seller’s Real Estate Broker to Buyer
“A real estate broker for the seller of property must disclose to the buyer all…
Civil: Jury Instruction, Failure of Seller’s Real Estate Broker to Conduct Reasonable Inspection—Essential Factual Elements (Civ. Code,§ 2079)
“Defendant, as the real estate broker/salesperson for Seller, must conduct a reasonably competent and diligent…