PJC Business

PJC 115.19

D AMAGES

Elements considered separately. Golden Eagle Archery, Inc. v. Jackson , 116 S.W.3d 757, 770 (Tex. 2003), provides an instruction for cases involving undefined or potentially overlapping categories of damages. In those cases, the following language should be substituted for the instruction to consider each element separately: Consider the following elements of damages, if any, and none other. You shall not award any sum of money on any element if you have otherwise, under some other element, awarded a sum of money for the same loss. That is, do not compensate twice for the same loss, if any. Prejudgment interest. Instructing the jury not to add interest is suggested because prejudgment interest, if recoverable, will be calculated by the court at the time of judgment. If interest paid on an obligation is claimed as an element of damages, it may be necessary to modify the instruction on interest. Damages for securities law violation. Damages are available for a securities law violation “if the buyer no longer owns the security.” Tex. Rev. Civ. Stat. art. 581–33A, 33B (now codified at Tex. Gov’t Code § 4008.057, effective January 1, 2022). To sub mit such damages in cases in which the amount is disputed, this question should be modified by replacing the word “fraud” with the words “securities law violation.” The instruction on the elements of damages should track Tex. Rev. Civ. Stat. art. 581– 33D(3) or 33D(4), as applicable. If the remedy of rescission is sought, PJC 115.19 should not be submitted. Instead, if the amount of money due is disputed, the jury should be asked to determine the amount using the formula in Tex. Rev. Civ. Stat. art. 581–33D(1) or 33D(2), as appli cable (now codified at Tex. Gov’t Code § 4008.056, effective January 1, 2022).

464