D. 1:19 Oath on Voir Dire 1:20 Oath of Jurors 1:21 Oath or Affirmation of Witnesses 1:22 Oath of Interpreter 1:23 Oath of Bailiff on Retirement of Jury CHAPTER 2. 2:1 Liability in Issue — No Counterclaim 2:2 Liability in Issue — Counterclaim 2:3 Liability in Issue — Third-Party Complaint 2:4 Admitted Liability 2:5 Directed Verdict as to Liability — Damages Only in Issue — General 2:6 Directed Verdict as to Liability — Damages Only in Issue — Negligence CHAPTER 3. A. 3:1 Burden of Proof and Preponderance of Evidence —Defined 3:2 Clear and Convincing Evidence — Defined 3:3 Reasonable Doubt — Defined 3:4 No Speculation B. PRESUMPTIONS AND PARTICULAR INFERENCES 3:5 Permissible Inference Arising from Rebuttable Presumption 3:5A Inference Arising from Invocation of Fifth Amendment Privilege 3:6 Statutory Presumptions That Shift the Burden of Proof 3:7 Constructive Knowledge Based on Duty to Inquire WEIGHING OF EVIDENCE 3:8 Evidence in the Case — Stipulations — Judicial Notice —Inferences Permitted and Defined 3:9 Direct and Indirect (Circumstantial) Evidence — Defined 3:10 Depositions as Evidence BE THE OF OF
9:27 Comparative Negligence of the Plaintiff — Multiple Defendants — No Designated Nonparty Involved 9:27A Special Verdict Questions — Mechanics for Submitting — Comparative Negligence of the Plaintiff — Multiple Defendants — No Designated Nonparty 9:27B Special Verdict Forms — Comparative Negligence of the Plaintiff — Multiple Defendants — No Designated Nonparty — Forms A and B 9:27C Special Verdict Questions — Mechanics for Submitting — Comparative Negligence of the Plaintiff — Multiple Defendants — No Designated Nonparty (Alternative to Instruction 9:27A) 9:27D Special Verdict Forms — Comparative Negligence of the Plaintiff — Multiple Defendants — No Designated Nonparty — Forms A and B (Alternative to Instruction 9:27B) 9:28 Comparative Negligence of Plaintiff — Single Defendant or Multiple Defendants — Designated Nonparty or Nonparties Involved 9:28A Special Verdict Questions — Mechanics for Submitting — Comparative Negligence of the Plaintiff — Single Defendant or Multiple Defendants — Designated Nonparty or Nonparties Involved 9:28B Special Verdict Forms — Comparative Negligence of the Plaintiff — Single Defendant or Multiple Defendants — Designated Nonparty or Nonparties Involved — Forms A and B 9:28C Special Verdict Questions ― Mechanics for Submitting ― Comparative Negligence of the Plaintiff ― Single Defendant or Multiple Defendants ― Designated Nonparty or Nonparties Involved (Alternative to Instruction 9:28A) 9:28D Special Verdict Forms — Comparative Negligence of the Plaintiff — Single Defendant or Multiple Defendants — Designated Nonparty or Nonparties Involved — Forms A and B (Alternative to Instruction 9:28B) 9:29 Elements — Multiple Defendants or One or More Defendants and One or More Designated Nonparties — No Negligence or Fault of Plaintiff 9:29A Special Verdict Questions — Mechanics for Submitting — Multiple Defendants or One or More Defendants and One or More Designated Nonparties — No Negligence or Fault of Plaintiff 9:29B Special Verdict Forms — Multiple Defendants or One or More Defendants and One or More Designated Nonparties — No Negligence or Fault of Plaintiff — Forms A and B D. WILLFUL AND WANTON NEGLIGENCE 9:30 Willful and Wanton Conduct or Willful and Reckless Disregard — Defined E. SUBJECTS ON WHICH NO SEPARATE INSTRUCTIONS HAVE BEEN PREPARED 9:31 Contributory Negligence, Contributory Negligence of (Spouse) (Parent) (Child), and Assumption of Risk
E. LATERAL AND SUBJACENT SUPPORT 12:14 Landowner’s Right to Lateral and Subjacent Support F. PUBLIC PLACES 12:15 Colorado Governmental Immunity Act 12:16 Duty of Care By User of Public Way 12:17 Negligent Choice of Route G. VIOLATION OF STATUTE OR ORDINANCE 12:18 Violation of Statute or Ordinance — Evidence of Failure to Exercise Reasonable Care CHAPTER 13. 13:1 Domestic Animals — Dangerous or Vicious Tendencies — Elements of Liability 13:2 Wild Animals — Elements of Liability 13:3 Serious Bodily Injury or Death Resulting from Being Bitten by a Dog — Elements of Liability 13:4 Serious Bodily Injury — Defined 13:5 Damages CHAPTER 14. A. STRICT PRODUCT LIABILITY 14:1 Elements of Liability 14:2 Manufacturer — Defined 14:3 Defective, Unreasonably Dangerous — Defined 14:4 Warnings and Instructions 14:5 Presumptions — Noncompliance with Governmental Standards 14:5A Presumptions — Compliance with Governmental Standards 14:5B Presumptions — Ten-Year Use of Product 14:6 State-of-the-Art 14:7 Damage Alone Not Proof Product Was Defective or Unreasonably Dangerous
B. PRODUCT LIABILITY FOR BREACH OF WARRANTY 14:8 Breach of Express Warranty Under U.C.C. — Elements of Liability 14:9 Express Warranty — Defined 14:10 Breach of Implied Warranty of Merchantability — Elements of Liability 14:11 Implied Warranty of Merchantability — Defined 14:12 Implied Warranty of Wholesomeness of Food — Defined 14:13 Breach of Implied Warranty of Fitness for a Particular Purpose — Elements of Liability 14:14 Implied Warranty of Fitness for a Particular Purpose — Defined 14:15 Notice of Breach of Warranty — What Constitutes 14:16 Implied Warranties — Creation and Exclusion or Modification C. PRODUCT LIABILITY FOR NEGLIGENCE 14:17 Manufacturer’s Liability Based on Negligence — Elements of Liability 14:18 Manufacturer’s Duty as to Parts Obtained from Other Sources 14:19 Manufacturer’s/Seller’s Duty to Warn 14:20 Liability for Injury from Food or Beverage in Sealed Container — Elements of Liability 14:21 Prima Facie Negligence Liability for Injury from Food or Beverage in Sealed Container (Res Ipsa Loquitur) D. STRICT PRODUCT LIABILITY FOR MISREPRESENTATION 14:22 Elements of Liability 14:23 Misrepresentation of Material Fact — Defined 14:24 Reasonable Reliance — Defined E. AFFIRMATIVE DEFENSES AND DEFENSE CONSIDERATIONS 14:25 Affirmative Defense — Unreasonable, Knowing Use of Defective Product or Product Not in Compliance with Warranty 14:26 Affirmative Defense — Risk of an Unavoidably Unsafe Product 14:27 Affirmative Defense — Misuse of Product 14:28 Affirmative Defense — Comparative Fault Based on Unreasonable, Knowing Use of Product Involving Negligently Created Risk, Product Not in Compliance with Warranty, or Defective or Misrepresented Product 14:29 Affirmative Defense — Comparative Fault Based on Negligence 14:30 Comparative Fault — Elements and Effect — No Counterclaim — Single Defendant
14:30A Special Verdict — Mechanics for Submitting — No Counterclaim — Single Defendant 14:30B Special Verdict Forms — No Counterclaim — Single Defendant — Forms A, B, and C 14:31 Comparative Fault — Elements and Effect — No Counterclaim — Multiple Defendants 14:31A Special Verdict — Mechanics for Submitting — No Counterclaim — Multiple Defendants 14:31B Special Verdict Forms — No Counterclaim — Multiple Defendants — Forms A, B, and C 14:32 Comparative Fault — Elements and Effect — No Counterclaim — Single Defendant — Designated Nonparty or Nonparties Involved 14:32A Special Verdict — Mechanics for Submitting — No Counterclaim — Single Defendant — Designated Nonparty or Nonparties Involved 14:32B Special Verdict Forms — No Counterclaim — Single Defendant — Designated Nonparty or Nonparties Involved — Forms A, B, and C 14:33 Comparative Fault — Elements and Effect — Multiple Defendants — Designated Nonparty or Nonparties Involved 14:33A Special Verdict — Mechanics for Submitting — No Counterclaim — Multiple Defendants — Designated Nonparty or Nonparties Involved 14:33B Special Verdict Forms — No Counterclaim — Multiple Defendants — Designated Nonparty or Nonparties Involved — Forms A, B, and C CHAPTER 15. PROFESSIONAL LIABILITY I. PHYSICIANS AND PRACTITIONERS OF OTHER HEALING ARTS A. MALPRACTICE 15:1 Elements of Liability 15:2 Negligence — Nonspecialist — Defined 15:3 Negligence — Specialist or One Who Has or Claims to Have Special Skill — Defined 15:4 No Implied Warranty of Successful Outcome 15:5 Referral of Patient to Another Physician 15:6 Contributory Negligence of Patient — Defined B. BATTERY 15:7 Operation or Treatment Without Consent of Patient 15:8 Affirmative Defense — Consent, Express or Implied
30:21 Defense — Minority 30:22 Defense — Mental Incapacity 30:23 Defense — Impossibility of Performance 30:24 Defense — Inducing a Breach by Words or Conduct 30:25 Defense — Waiver 30:26 Defense — Statute of Limitations 30:27 Defense — Cancellation by Agreement 30:28 Defense — Accord and Satisfaction (Later Contract) 30:29 Defense — Novation D. CONTRACT INTERPRETATION Introductory Note 30:30 Contract Interpretation — Disputed Term 30:31 Contract Interpretation — Parties’ Intent 30:32 Contract Interpretation — Contract as a Whole 30:33 Contract Interpretation — Ordinary Meaning 30:34 Contract Interpretation — Use of Technical Words in a Contract 30:35 Contract Interpretation — Construction Against Drafter 30:36 Contract Interpretation — Specific and General Clauses E. DAMAGES Introductory Note 30:37 Damages — Introduction 30:38 Damages — General 30:39 Damages — Special 30:40 Damages — Liquidated 30:41 Damages — Nominal 30:42 Damages — Purchaser’s for Breach of Land Purchase Contract 30:43 Damages — Seller’s for Breach of Land Purchase Contract 30:44 Damages — Employer’s for Employee’s Breach of Personal Service Contract 30:45 Damages — Builder’s for Breach of Construction Contract by Owner Prior to Completion 30:46 Damages — Builder’s for Substantial Though Not Complete Performance of Construction Contract 30:47 Definition — Contract Price Agreed Upon
30:48 Damages — Builder’s for Owner’s Partial Breach — Failure to Make Installment Payment 30:49 Damages — Owner’s for Breach of Construction Contract by Builder 30:50 Damages — Owner’s for Delay in Completion of Construction Contract 30:51 Damages — Broker’s for Breach of Real Estate Commission Contract 30:52 Damages — Owner’s for Wrongful Deprivation of Use of a Chattel 30:53 Damages — Owner’s for Breach of a Covenant Against Encumbrances F. PARTICULAR 30:54 Claim — Building Contractor’s Breach of Implied Warranty — Elements of Liability 30:55 Definition — Building Contractor’s Implied Warranties 30:56 Claim — Real Estate Commission — Elements of Liability CHAPTER 31. WRONGFUL DISCHARGE A. BREACH OF CONTRACT CLAIMS 31:1 Breach of Employment Contract for a Definite Period of Time — Elements of Liability 31:2 Employment Contract Providing for Fixed Term Salary — Cautionary Instruction 31:3 Breach of Employment Contract for an Indefinite Period of Time Requiring Good or Just Cause for Termination — Elements of Liability 31:4 Breach of Implied Contract Based on Violation of Employer’s Termination Policies or Procedures — Elements of Liability 31:5 At-Will Employment — Defined 31:6 Good or Just Cause — Defined 31:7 General Damages for Wrongful Discharge — Breach of Contract Claim 31:8 Mitigation of Damages for Wrongful Discharge 31:9 Constructive Discharge — Defined 31:10 Constructive (Implied) Discharge 31:11 Affirmative Defense to Contract Claim — After-Acquired Evidence of Fraud or Other Misconduct B. TORT CLAIMS 31:12 Tort Claim for Wrongful Discharge Based on Violations of Public Policy — Employer’s Retaliation Against an Employee for Refusal to Comply with Employer’s Improper Directive — Elements of Liability