PJC Business

PJC 115.40

D AMAGES

PJC 115.40 Question and Instructions—Fraudulent Securing of Document Execution as a Statutory Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(11)) Answer the following question only if you unanimously answered “Yes” to Question ______ [ 115.37 ]. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis , with the intent to defraud or harm, cause another person, without that person’s effective consent, to sign any document affecting prop erty [ and was the value of the property affected $2,500 or more ]? A person acts “intentionally,” or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. “Effective consent” includes consent by a person legally authorized to act for the owner . Consent is not effective if induced by deception or coercion . “Deception” means creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction and that the actor does not believe to be true. “Property” means: (a) real property; (b) tangible or intangible personal property, including anything severed from land; or (c) a document, including money, that represents or embodies anything of value. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 115.40 should be used in a case in which (1) exemplary dam ages are sought, (2) the harm to the plaintiff is alleged to have resulted from conduct described as a felony in Tex. Penal Code § 32.46, and (3) the jury has previously found that the defendant committed conduct authorizing recovery of exemplary damages as set out in Tex. Civ. Prac. & Rem. Code §41.003. See Tex. Civ. Prac. & Rem. Code §41.008(c)(11). If the jury finds conduct that violates Tex. Penal Code §32.46, and the conduct rises to the level of a felony, the limitations on exemplary damages awards set out in Tex. Civ. Prac. & Rem. Code §41.008(b) do not apply. Tex. Civ. Prac. & Rem. Code § 41.008(c)(11).

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