We have been asked why UCC § 2.314(b)(5) is not included as an element in PJC 71.10. This subsection is not included because it does not relate to a products liability claim covered by PJC chapter 71. PJC 71.10 is based on the old PJC 71.9 as it appeared in former editions of this volume. The Committee rewrote the charge language to correct an erroneously conditioned question and included the relevant sections of the UCC provision on which the PJC is based. The requirement that the goods be “adequately contained, packaged, and labeled as the agreement may require,” as stated in UCC § 2.314(b)(5), would be relevant only in a true UCC article 2 breach-of-warranty claim, not a products claim being submitted under PJC chapter 71. Therefore, subsection (b)(5) was not included as an element in the charge.
Editor’s Note: We apologize for any confusion that may have resulted from the inadvertent inclusion of subsection (b)(5) in the title to PJC 71.10. The correct title is “Breach of Implied Warranty of Merchantability (Tex. UCC § 2.314(b)(1), (2), (4), (6)).” Similarly, the citation in the “When to use” paragraph of the Comment should be “Tex. Bus. & Com. Code § 2.314(b)(1), (2), (4), (6).”
