PJC Business

D AMAGES

PJC 115.34

PJC 115.34 Question and Instructions—Defamation Special Damages [Insert predicate, PJC 115.1.] QUESTION ______ What sum of money, if paid now in cash, would fairly and reasonably com pensate Paul Payne for his actual pecuniary loss, if any, that was proximately caused by [ the statement ]? Consider the elements of damages listed below and none other. Consider each element separately. Do 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. Do not include interest on any amount of damages you find. 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: _______________ [Insert additional elements as may be appropriate for items of special damages.] COMMENT When to use. Special damages are never presumed and must always be proved. Anderson v. Durant , 550 S.W.3d 605, 618 (Tex. 2018) (citing In re Lipsky , 460 S.W.3d 579, 593 (Tex. 2015)); Hancock v. Variyam , 400 S.W.3d 59, 66 (Tex. 2013). Special

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