PJC Business 2024

Subject Index

F Failure of consideration (contract), 101.18 Failure to disclose. See also Fraud; Misrepresentation as deceptive trade practice, 102.5 as fraud, 105.4 False light invasion of privacy, 110.19 Fee forfeiture (fiduciary duty), 115.17 Felonious conduct (exemplary damages), 115.40–115.46 Fiduciary duty, ch. 104 attorney-client relationship, 104.1 on fiduciary, 104.2, 104.4 common law, 104.2, 104.3 contractual, 104.4, 104.5 creating duty to disclose, 105.4 damages, 115.15–115.18 duties owed by partners, 104.4, 104.5 employment relationship, 104.2 equitable remedies, 115.15 fee forfeiture, as remedy, 115.17 fiduciary bribery, 115.44 formal fiduciary relationship, 104.1, 104.2 guardian-ward relationship, 104.1 informal fiduciary relationship, 104.1 injunction, as remedy, 115.15 misapplication of fiduciary property, 115.45 multiple and distinct breaches, 104.2, 104.3 partnership relation, 104.1 presumption of unfairness, 104.2, 104.4 principal-agent relationship, 104.1 profit disgorgement, as remedy, 115.16 rescission, as remedy, 115.15 return of consideration, 115.17 scope, 104.2, 104.3 statutory, 104.4, 104.5 trust and confidence, relationship of, 104.1 breach of duty, 104.2–104.5 burden of proof, 104.2–104.5 on beneficiary, 104.3, 104.5

trustee–cestui que trust relationship, 104.1 Fiduciary property, misapplication of, 115.45 Fifth Amendment, 100.11 Fitness for particular purpose (warranty), 102.11 Foreseeability consequential damages contract, 115.5 DTPA, 115.10 direct damages (contract), 115.4 promissory estoppel, 101.41 proximate cause, 100.13 Forgery (exemplary damages), 115.42 Formation of contract, 101.9 Fraud, ch. 105 actual, 108.2 aiding and abetting, 105.2 concealment, 105.4 damages consequential, 115.20 direct, 115.19 exemplary, statutory fraud, 105.11 multiple elements, separate answers for, 115.20 elements, 105.2 exemplary damages, fraud as grounds for, 105.4, 115.37 failure to disclose, 105.4 fraudulent inducement, 101.31 fraudulent transfer, 105.25–105.32 actual fraud, 105.29

affirmative defense, 105.29, 105.30 constructive fraud, 105.26–105.28 extinguishment of cause of action, 105.31 factors determining intent, 105.25 good faith, 105.29, 105.30 money damages, 105.32 reasonably equivalent value, 105.26, 105.29 remedies, 105.32 subsequent transferee, 105.29

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