PJC Business

T ORTIOUS I NTERFERENCE

PJC 106.2

PJC 106.2 Question—Defense of Legal Justification If you answered “Yes” to Question ______ [ 106.1 ], then answer the follow ing question. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis have a good-faith belief that [ describe colorable legal right ]? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 106.2 submits the affirmative defense of justification. The jus tification defense applies to intentional interference with an existing contract. It should be submitted to the jury “only when the court decides that although no legal right to interfere exists, the defendant has nevertheless produced evidence of a good faith, albeit mistaken, belief in a colorable legal right.” Texas Beef Cattle Co. v. Green , 921 S.W.2d 203, 211 (Tex. 1996). If the court can decide as a matter of law that the defen dant had a legal right to interfere, then the question should not be used. Texas Beef Cattle Co. , 921 S.W.2d at 211. Source of question and instruction. PJC 106.2 is derived from Texas Beef Cattle Co. , 921 S.W.2d at 211, and Southwestern Bell Telephone Co. v. John Carlo Texas, Inc. , 843 S.W.2d 470, 472 (Tex. 1992). See also Sterner v. Marathon Oil Co. , 767 S.W.2d 686, 689–91 (Tex. 1989). Broad-form submission. PJC 106.2 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex. R. Civ. P. 277; see Thota v. Young , 366 S.W.3d 678, 689 (Tex. 2012) (rule 277’s use of “whenever feasible” mandates broad-form submission in any or every instance in which it is capable of being accomplished). Burden of proof. The defendant has the burden of proof on a justification defense. Texas Beef Cattle Co. , 921 S.W.2d at 211; see also Wal-Mart Stores, Inc. v. Sturges , 52 S.W.3d 711, 725 (Tex. 2001). Definition of “good faith.” In Texas Beef Cattle Co. , the supreme court held that motive was irrelevant to a justification defense based on a legal right or a good-faith claim to a colorable legal right. Texas Beef Cattle Co. , 921 S.W.2d at 211 (“Improper motives cannot transform lawful actions into actionable torts.”). The court, however, did not define “good faith.” See Texas Beef Cattle Co. , 921 S.W.2d at 210–12, 216.

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