PJC Business

PJC 115.18

D AMAGES

PJC 115.18 Question on Actual Damages for Breach of Fiduciary Duty

[Insert predicate, PJC 115.1.]

QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that were proximately caused by such conduct? Consider the following elements of damages, if any, and none other. [Insert appropriate instructions. See examples in PJC 115.4 and 115.10.] Do not add any amount for interest on damages, if any. Answer separately in dollars and cents for damages, if any. 1. [ Element A ] sustained in the past. Answer: _______________ 2. [ Element A ] that, in reasonable probability, will be sustained in the future. Answer: _______________ 3. [ Element B ] sustained in the past. Answer: _______________ 4. [ Element B ] that, in reasonable probability, will be sustained in the future. Answer: _______________ COMMENT When to use. Breach of fiduciary duty is an independent tort that will support an award of actual damages. Manges v. Guerra , 673 S.W.2d 180, 184 (Tex. 1984). A fiduciary is liable for any loss or damages suffered by the plaintiff. Slay v. Burnett Trust , 187 S.W.2d 377, 388 (Tex. 1945). PJC 115.18 may be used when the plaintiff

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