RILEY HILL GENERAL CONTRACTOR, INC. V. TANDY CORP.
737 P.2d 595 (1987)
NATURE OF THE CASE: This was an action for fraud, breach of warranty, and negligence in
the purchase of a computer.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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