Riley Hill General Contractor, Inc. v. Tandy Corp.

737 P.2d 595 (1987)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P purchased a computer from Tandy (D) doing business as Radio Shack. P then filed an action for fraud, breach of warranty, and negligence in the purchase of the computer. D answered with a general denial of the claims and raised an affirmative defense of contributory fault. At the completion of the trial, the court instructed the jury that the law recognized a presumption against fraud and that presumption could only be overcome by clear and convincing evidence even though the burden of proof remains proof by a preponderance of the evidence. D excepted to these instructions. P won and D appealed. The Court of appeals affirmed.