Riley Hill General Contractor, Inc. v. Tandy Corp.
737 P.2d 595 (1987)
Nature of the Case
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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.
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