Riley Hill General Contractor, Inc. v. Tandy Corp.
Supreme Court of Oregon
737 P.2d 595 (1987)
Relevant factsFree
Riley Hill General Contractor (plaintiff) sued Tandy Corporation (defendant) for fraud. The trial judge instructed the jury that Riley had to prove fraud by 'a preponderance of clear and convincing evidence,' conflating two distinct standards. The jury found for Riley, but the appellate court reversed, holding the instruction improperly blurred the preponderance and clear-and-convincing standards. Riley appealed to the Oregon Supreme Court.
IssueFree
Whether the clear-and-convincing-evidence standard demands a greater showing than proof by a preponderance of the evidence.