PJC Business 2024

PJC 110.3

D EFAMATION , B USINESS D ISPARAGEMENT & I NVASION OF P RIVACY

PJC 110.3 Question and Instructions on Defamatory Nature of the Publication If you answered “Yes” to Question ______ [ 110.2 ], then answer the follow ing question. Otherwise, do not answer the following question. QUESTION ______ Was the statement in Question ______ [ 110.2 ] defamatory concerning Paul Payne ? “Defamatory” means an ordinary person would interpret the statement in a way that tends to injure a living person’s reputation and thereby expose the per son to public hatred, contempt or ridicule, or financial injury or to impeach the person’s honesty, integrity, virtue, or reputation. A statement is defamatory if— [Include only those types of defamation claimed.] 1. the statement is defamatory considered in the context of other facts and circumstances sufficiently expressed before or otherwise known to the reader or listener; [ or ] 2. the overall gist—meaning the main theme, central idea, thesis, or essence—of the statement as a whole and in light of the surrounding circum stances based upon how a person of ordinary intelligence would perceive it is defamatory; [ or ] 3. the implications that an objectively reasonable person would draw from specific parts of the statement are defamatory. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. Use PJC 110.3 to submit the element of whether the publication was defamatory concerning the plaintiff. PJC 110.3 submits both the meaning of the publication and whether that meaning was defamatory. For example, when a publica tion is capable of both defamatory and nondefamatory meanings, PJC 110.3 should be submitted to let the jury decide whether the publication in fact had the defamatory meaning. See Dallas Morning News, Inc. v. Tatum , 554 S.W.3d 614, 632 (Tex. 2018)

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