PJC Business

PJC 102.2

DTPA/I NSURANCE C ODE

however, it may be advisable either to include the statutory definition in the charge or to substitute the name of the entity for the word person . Affiliation of person. The use of the word goods in PJC 102.2 is intended to cover real property. See DTPA § 17.45(1). If real estate is involved, however, it may be advisable either to include the statutory definition in the charge or to substitute a refer ence to the real estate in question for the word goods . Misrepresentations about future characteristics, uses, or benefits. Although not appearing in the statute, the words “would have” are used in PJC 102.2. The Com mittee believes this use to be appropriate under Brown , 601 S.W.2d at 937, and Smith v. Baldwin , 611 S.W.2d 611, 614–16 (Tex. 1980) (representation need not be untrue when made: DTPA § 17.46(b) applies to misrepresentations about the future as well as about the present).

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