Texas PJC Malpractice 2022

J OINT AND S EVERAL L IABILITY

PJC 72.10

PJC 72.10

Question and Instructions—Commercial Bribery as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(I))

QUESTION ______ Did Don Davis , with the specific intent to do harm to others, act in concert with [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ] to commit commercial bribery that was a proximate cause of the damages, if any, to Paul Payne ? Don Davis acts with specific intent to do harm with respect to the nature of Don Davis ’s conduct and the result of [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ]’s conduct when it is [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in con cert ]’s conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others. A person who is a fiduciary commits commercial bribery if, without the con sent of his beneficiary, he intentionally or knowingly solicits, accepts, or agrees to accept any benefit from another person on agreement or understanding that the benefit will influence the conduct of the fiduciary in relation to the affairs of his beneficiary; or A person commits commercial bribery if he offers, confers, or agrees to con fer any benefit the acceptance of which is an offense under the previous para graph. “Beneficiary” means a person for whom a fiduciary is acting. “Fiduciary” means— 1. an agent or employee; or 2. a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary; or 3. a lawyer, physician, accountant, appraiser, or other professional advisor; or 4. an officer, director, partner, manager, or other participant in the direction of the affairs of a corporation or association. “Benefit” means anything reasonably regarded as economic gain or advan tage, including benefit to any other person in whose welfare the beneficiary is interested.

285