PJC Business

PJC 102.8

DTPA/I NSURANCE C ODE

PJC 102.8

Question and Instructions on Warranty (DTPA § 17.50(a)(2); Tex. UCC §§ 2.313–.315)

QUESTION ______ Was the failure, if any, of Don Davis to comply with a warranty a producing cause of damages to Paul Payne ? “Producing cause” means a cause that was a substantial factor in bringing about the damages, if any, and without which the damages would not have occurred. There may be more than one producing cause. “Failure to comply with a warranty” means any of the following: [Insert appropriate instructions.] Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 102.8 is a basic question that should be appropriate in most cases brought under Tex. Bus. & Com. Code § 17.50(a)(2) (DTPA). See also Tex. Bus. & Com. Code §§2.313–.315 (Tex. UCC). Questions for other causes of action based on the DTPA or the Insurance Code may be found at PJC 102.1 (false, misleading, or deceptive act or practice), 102.7 (unconscionable action), 102.14 (Insurance Code), and 102.21 (knowing or intentional conduct). Accompanying instructions. Instructions to accompany PJC 102.8, informing the jury what type of conduct should be considered under the question, are at PJC 102.9–102.13. If more than one instruction is used, each must be separated by the word or , because a finding of any one of the acts or practices defined in the instruc tions would support recovery under the DTPA. Creation of warranty. The DTPA does not define “warranty.” Nor does it create any warranties; therefore, any warranty must be established independently of the Act. Melody Home Manufacturing Co. v. Barnes , 741 S.W.2d 349, 355 (Tex. 1987) (citing La Sara Grain Co. v. First National Bank of Mercedes , 673 S.W.2d 558, 565 (Tex. 1984)). “Producing cause.” Under section 17.50(a) of the DTPA, a “consumer may maintain an action where any of the following constitute a producing cause ” of actual damages. DTPA § 17.50(a) (emphasis added). The definition of “producing cause” is from Ford Motor Co. v. Ledesma , 242 S.W.3d 32, 46 (Tex. 2007) (stating that “[d]efin-

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