PJC Business 2024

PJC 108.4

P IERCING THE C ORPORATE V EIL

spective of moral guilt, the law declares fraudulent because of its tendency to deceive others, to violate confidence, or to injure public interests.” Castleberry , 721 S.W.2d at 273 (quoting Archer v. Griffith , 390 S.W.2d 735, 740 (Tex. 1964)). However, the supreme court later held the “single business enterprise” theory invalid because, among other things, that common-law theory was “fundamentally inconsistent” with the legislature’s subsequent rejection of constructive fraud as a basis for disregarding the corporate fiction. SSP Partners v. Gladstrong Investments (USA) Corp. , 275 S.W.3d 444, 456 (Tex. 2008). “Actual fraud,” “direct personal benefit,” and “injustice.” See PJC 108.2 for cases discussing these terms.

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