This section contains the nature of the case and procedural background.

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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