STATE OF NEW HAMPSHIRE
Disclaimer
This pleading is offered as a sample for educational purposes only. References to law and rules may not be current or accurate. Counsel must evaluate whether the pleading has utility in a given case. I am always happy to try to answer general questions of fellow counsel about law and practice and can be reached via the information below.
Ralph F. Holmes
McLane Middleton
ralph.holmes@
(603) 628-1409 (office)
(857) 278-0019 (cell)
STATE OF NEW HAMPSHIRE
, SS. SUPERIOR COURT
v.
PLAINTIFF’S REQUESTED JURY INSTRUCTIONS
NOW COMES the Plaintiff, (" "), by his attorneys, , and request the Court to give to the jury the following Requested Jury Instructions.
JURY INSTRUCTION NO.
Unfair and Deceptive Business Practices by – RSA 358-A
New Hampshire's Unfair and Deceptive Business Practices law makes it unlawful for any person to use any unfair method of competition or any unfair or deceptive act or practice in the conduct of any trade or commerce within this state. RSA 358-A:2.
A practice is "unfair" if (1) it is within some legal or other established concept of unfairness, (2) it is immoral, unethical, oppressive, or unscrupulous, or (3) it causes substantial injury to consumers.
You will be asked to determine some of the factors that go into the determination of whether violated New Hampshire's unfair and deceptive business practices law. Those factors include: (a) whether failure to return the paid to him was unfair, immoral, unethical, oppressive, or unscrupulous; (b) whether received any financial benefit at expense that was unfair, immoral, unethical, oppressive, or unscrupulous; (c) whether conduct toward in its attempts to retain any such financial benefit was unfair, immoral, unethical, oppressive, or unscrupulous; or (d) whether employed an individual who acted as a real estate broker in New Hampshire who did not have the required real estate license making representation of unfair or deceptive.
If you find that acts or practices violated these provisions, you shall award as much as three times, but not less than two times, the amount of his actual damages.
RSA 358-A: 2, X; Robert J. Kowalski v. Cedars of Portsmouth Condominium Ass'n, 146 N.H. 130, 135 (2001); Chroniak v. Golden Inv. Corp., 983 F.2d 1140, 1145-1146 (1st Cir. 1993)(construing New Hampshire law).
JURY INSTRUCTION NO. 2
Condition Precedent
The plaintiff claims that he was not obligated to perform his promises under the contract, unless a certain event happened. In this case, that event was meeting the contingencies in the lease agreement so that the lease became binding and enforceable.
You must determine whether the parties had agreed, as a part of their contract, that the plaintiff would not have to perform his obligations until that event happened.
If you find that the event did happen, then the plaintiff will be responsible for not performing his promises under the contract. If you find that the event did not happen, then the plaintiff will be excused from performing his promises under the contract.
Sources
Fox v. Walker, 62 N.H. 419, 421 (1882); Restatement (Second) of Contracts § 224 (1981). See generally Holden Engineering and Surveying, Inc. v. Pembroke Road Realty Trust, 137 N.H. 393, 628 A.2d 260 (1993) (discussing doctrine of conditions precedent); In re Estate of Kelly, 130 N.H. 773, 781, 547 A.2d 284, 289 (1988).
Dated: June ____, 2006
Respectfully submitted,
By attorneys,
McLANE, GRAF, RAULERSON & MIDDLETON
PROFESSIONAL ASSOCIATION
Date: By: ______________________________________
Scott H. Harris, Esquire
900 Elm Street, P.O. Box 326
Manchester, NH 03105-0326
Telephone: (603) 625-6464
Certificate of Service
I hereby certify that on day of , I served the foregoing Proposed Jury Instructions to counsel of record, by giving him/her in hand.
_____________________________________
Scott H. Harris
................
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