3431. Affirmative Defense In Pari Delicto

3431. Affirmative Defense--In Pari Delicto Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of plaintiff] may not recover because [name of plaintiff] is equally responsible for the harmful conduct. To succeed, [name of defendant] must prove all of the following: 1. 2. 3. That [name of plaintiff] and [name of defendant] have substantially equal economic strength; That [name of plaintiff] is at least equally responsible for the harmful conduct as [name of defendant]; and That [name of plaintiff] was not compelled by economic pressure to engage in the harmful conduct. ________________________________________________________________________________ New September 2003