pjc-oil-and-gas-2024-lib

PJC 312.16

D EFENSES

PJC 312.16 Definitions of Misrepresentation—Intentional Misrepresentation PJC 312.16A Factual Misrepresentation A false statement of fact [ or ] COMMENT When to use. PJC 312.16A should be used in cases involving an allegation that the defendant made an affirmative statement of fact that was false. See Trenholm v. Ratcliff , 646 S.W.2d 927, 930–31 (Tex. 1983) (false statement of fact actionable as fraud). “Whether a statement is an actionable statement of ‘fact’ or merely one of ‘opinion’ often depends on the circumstances in which a statement is made.” Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America , 341 S.W.3d 323, 338 (Tex. 2011) (quoting Transport Insurance Co. v. Faircloth , 898 S.W.2d 269, 276 (Tex. 1995)). For example, special or one-sided knowledge may lead to the conclusion that a statement is one of fact rather than opinion. Italian Cowboy Partners, Ltd. , 341 S.W.3d at 338. Accompanying question and instruction. PJC 312.16A is designed to accom pany PJC 312.15. For other definitions of misrepresentation, see PJC 312.16B– 312.16E. Use of “or.” If more than one definition of misrepresentation is used, each must be separated by the word or , because a finding of any one type of misrepresentation would support recovery. See Lundy v. Masson , 260 S.W.3d 482, 494 (Tex. App.— Houston [14th Dist.] 2008, pet. denied) (approving the use of “or”).

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