PJC Business

PJC 101.7

C ONTRACTS

. . PJC 101.7 Defenses—Basic Question

If you answered “Yes” to Question ______ [ 101.2 ], then answer the follow ing question. Otherwise, do not answer the following question.

QUESTION ______

Was Don Davis ’s failure to comply excused?

[Insert instructions; see PJC 101.18–101.31.]

Answer “Yes” or “No.” Answer: _______________

COMMENT

When to use. PJC 101.7 poses the controlling question for cases where a defen dant asserts one or more defenses to a contract suit. Modification of predicate question may be required. The conditioning instruc tion at the beginning of PJC 101.7 may require modification in a case involving com peting claims of material breaches as reflected in PJC 101.2B. Broad-form submission. PJC 101.7 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). Instructions on grounds of defense required. In the absence of one or more independent grounds of defense, the jury is not permitted to excuse the defendant from complying with the agreement. Standing alone, PJC 101.7 does not encompass any grounds of defense, so it is mandatory that grounds raised by the pleadings and evi dence be submitted by including instructions such as PJC 101.18–101.31. See, e.g., Traeger v. Lorenz , 749 S.W.2d 249 (Tex. App.—San Antonio 1988, no writ) (separate grounds of waiver and abandonment should have been submitted in deed restriction case).

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