Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment (2012 Edition)

Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment (2012 Edition)

  • By the State Bar Committee on Pattern Jury Charges
  • Instant Download! Digital Product Features
  • 1 volume; softbound
  • 514 pages
  • © 2012
  • $125.00

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Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment is intended to assist the bench and bar in preparing the court’s charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in such cases as contract, DTPA, fraud, and defamation. The pattern charges are suggestions and guides to be used by a trial court if they are applicable and proper in a specific case.

The Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment Committee periodically provides new charges on subjects that arise regularly, as they did in the 2012 edition on breach of fiduciary duty and invasion of privacy. Other changes include several revised admonitory instructions and revisions to the Texas Insurance Code chapter, the Fraud chapter, the Employment chapter, the Damages chapter and more. Finally, a new chapter on Preservation of Charge Error was added.

Texas Pattern Jury Charges—Business, Consumer, Insurance & Employment digital product contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as RTF files linked to the comments for quick retrieval and assembly of jury charges. Texas case citations are linked to an online version of the Casemaker Web Library. Texas statute citations are linked to the main code section cited via Casemaker online.

View other volumes in our Texas Pattern Jury Charges series.

CONTENTS

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PREFACE
PREFACE TO THE 2012 EDITION
CHANGES IN THE 2012 EDITION
INTRODUCTION

CHAPTER 100 ADMONITORY INSTRUCTIONS

PJC 100.1 Instructions to Jury Panel before Voir Dire Examination
PJC 100.2 Instructions to Jury after Jury Selection
PJC 100.3 Charge of the Court
PJC 100.4 Additional Instruction for Bifurcated Trial
PJC 100.5 Instructions to Jury after Verdict
PJC 100.6 Instruction to Jury If Permitted to Separate
PJC 100.7 Instruction If Jury Disagrees about Testimony
PJC 100.8 Circumstantial Evidence
PJC 100.9 Instructions to Deadlocked Jury
PJC 100.10 Privilege—No Adverse Inference
PJC 100.11 Parallel Theories on Damages
PJC 100.12 Proximate Cause

CHAPTER 101 CONTRACTS

PJC 101.1 Basic Question—Existence
PJC 101.2 Basic Question—Compliance
PJC 101.3 Instruction on Formation of Agreement
PJC 101.4 Instruction on Authority
PJC 101.5 Instruction on Ratification
PJC 101.6 Conditions Precedent (Comment)
PJC 101.7 Court’s Construction of Provision of Agreement (Comment)
PJC 101.8 Instruction on Ambiguous Provisions
PJC 101.9 Trade Custom (Comment)
PJC 101.10 Instruction on Time of Compliance
PJC 101.11 Instruction on Offer and Acceptance
PJC 101.12 Instruction on Withdrawal or Revocation of Offer
PJC 101.13 Instruction on Price
PJC 101.14 Consideration (Comment)
[PJC 101.15–101.20 are reserved for expansion.] PJC 101.21 Defenses—Basic Question
PJC 101.22 Defenses—Instruction on Plaintiff’s Material Breach (Failure of Consideration)
PJC 101.23 Defenses—Instruction on Anticipatory Repudiation
PJC 101.24 Defenses—Instruction on Waiver
PJC 101.25 Defenses—Instruction on Equitable Estoppel
PJC 101.26 Defenses—Instruction on Duress
PJC 101.27 Defenses—Instruction on Undue Influence
PJC 101.28 Defenses—Instruction on Mutual Mistake of Fact
PJC 101.29 Defenses—Instruction on Mutual Mistake—Scrivener’s Error
PJC 101.30 Defenses—Instruction on Novation
PJC 101.31 Defenses—Instruction on Modification
PJC 101.32 Defenses—Instruction on Accord and Satisfaction
PJC 101.33 Defenses—Instruction on Mental Capacity
[PJC 101.34–101.40 are reserved for expansion.] PJC 101.41 Question on Promissory Estoppel
PJC 101.42 Question and Instruction on Quantum Meruit
[PJC 101.43–101.45 are reserved for expansion.] PJC 101.46 Construction Contracts Distinguished from Ordinary Contracts (Comment)

CHAPTER 102 THE TEXAS DECEPTIVE TRADE PRACTICES ACT AND CHAPTER 541 OF THE TEXAS INSURANCE CODE

PJC 102.1 Question and Instructions on False, Misleading, or Deceptive Act or Practice (DTPA § 17.46(b))
PJC 102.2 Description of Goods or Services or Affiliation of Persons (DTPA § 17.46(b)(5))
PJC 102.3 Quality of Goods or Services (DTPA § 17.46(b)(7))
PJC 102.4 Misrepresented and Unlawful Agreements (DTPA § 17.46(b)(12))
PJC 102.5 Failure to Disclose Information (DTPA § 17.46(b)(24))
PJC 102.6 Other “Laundry List” Violations (DTPA § 17.46(b)) (Comment)
PJC 102.7 Question and Instructions on Unconscionable Action or Course of Action (DTPA §§ 17.50(a)(3) and 17.45(5))
PJC 102.8 Question and Instructions on Warranty (DTPA § 17.50(a)(2); Tex. UCC §§ 2.313–.315)
PJC 102.9 Express Warranty—Goods or Services (DTPA § 17.50(a)(2); Tex. UCC § 2.313)
PJC 102.10 Implied Warranty of Merchantability—Goods (DTPA § 17.50(a)(2); Tex. UCC § 2.314(b)(3))
PJC 102.11 Implied Warranty of Fitness for Particular Purpose—Goods (DTPA § 17.50(a)(2); Tex. UCC § 2.315)
PJC 102.12 Implied Warranty of Good and Workmanlike Performance—Services (DTPA § 17.50(a)(2))
PJC 102.13 Implied Warranty of Habitability (DTPA § 17.50(a)(2))
PJC 102.14 Question on Insurance Code Chapter 541
[PJC 102.15 is reserved for expansion.] PJC 102.16 Misrepresentations or False Advertising of Policy Contracts—Insurance (Tex. Ins. Code § 541.051(1))
PJC 102.17 False Information or Advertising—Insurance (Tex. Ins. Code § 541.052)
PJC 102.18 Unfair Insurance Settlement Practices (Tex. Ins. Code § 541.060)
PJC 102.19 Misrepresentation—Insurance (Tex. Ins. Code § 541.061)
[PJC 102.20 is reserved for expansion.] PJC 102.21 Question and Instructions on Knowing or Intentional Conduct
PJC 102.22 Defenses to Deceptive Trade Practices Act and Insurance Code Chapter 541 Claims (Comment)
PJC 102.23 Statute of Limitations (DTPA § 17.565; Tex. Ins. Code § 541.162)
PJC 102.24 Counterclaim—Bad Faith or Harassment (DTPA § 17.50(c); Tex. Ins. Code ch. 541, subch. D) (Comment)

CHAPTER 103 GOOD FAITH AND FAIR DEALING

PJC 103.1 Common-Law Duty of Good Faith and Fair Dealing—Question and Instruction on Insurance Claim Denial or Delay in Payment
PJC 103.2 Duty of Good Faith under the Uniform Commercial Code (Comment)
PJC 103.3 Duty of Good Faith by Express Contract (Comment)

CHAPTER 104 FIDUCIARY DUTY

PJC 104.1 Question and Instruction—Existence of Relationship of Trust and Confidence
PJC 104.2 Question and Instruction—Breach of Fiduciary Duty with Burden on Fiduciary
PJC 104.3 Question and Instruction—Breach of Fiduciary Duty with Burden on Beneficiary
PJC 104.4 Question and Instruction—Breach of Fiduciary Duty Defined by Statute or Contract—Burden on Fiduciary
PJC 104.5 Question and Instruction—Breach of Fiduciary Duty Defined by Statute or Contract—Burden on Beneficiary

CHAPTER 105 FRAUD AND NEGLIGENT MISREPRESENTATION

PJC 105.1 Question on Common-Law Fraud—Intentional Misrepresentation
PJC 105.2 Instruction on Common-Law Fraud—Intentional Misrepresentation
PJC 105.3 Definitions of Misrepresentation—Intentional Misrepresentation
PJC 105.4 Instruction on Common-Law Fraud—Failure to Disclose When There Is Duty to Disclose
PJC 105.5 Question on Statute of Limitations—Common-Law Fraud
[PJC 105.6 is reserved for expansion.] PJC 105.7 Question on Statutory Fraud (Real Estate or Stock Transaction)
PJC 105.8 Instruction on Statutory Fraud—Factual Misrepresentation
PJC 105.9 Instruction on Statutory Fraud—False Promise
PJC 105.10 Question and Instructions on Benefiting from Statutory Fraud
PJC 105.11 Question and Instruction on Actual Awareness of Statutory Fraud
PJC 105.12 Question and Instructions on Violation of Texas Securities Act—Factual Misrepresentation
PJC 105.13 Instruction on Violation of Texas Securities Act—Material Fact—Prediction or Statement of Belief
PJC 105.14 Question on Defenses to Violation of Texas Securities Act—Factual Misrepresentation
PJC 105.15 Question on Defenses to Violation of Texas Securities Act—Buyer
PJC 105.16 Violation of Texas Securities Act—Control-Person Liability (Comment)
PJC 105.17 Question on Defense to Control-Person Liability
PJC 105.18 Question and Instructions on Violation of Texas Securities Act—Aiding Violation
PJC 105.19 Question and Instruction on Negligent Misrepresentation

CHAPTER 106 INTERFERENCE WITH EXISTING AND PROSPECTIVE CONTRACT

PJC 106.1 Question and Instruction—Intentional Interference with Existing Contract
PJC 106.2 Wrongful Interference with Prospective Contractual or Business Relations (Comment)
PJC 106.3 Question—Defense of Legal Justification

CHAPTER 107 EMPLOYMENT

PJC 107.1 Breach of Employment Agreement (Comment)
PJC 107.2 Instruction on Good Cause as Defense to Early Discharge
PJC 107.3 Question on Wrongful Discharge for Refusing to Perform an Illegal Act
PJC 107.4 Question and Instruction on Retaliation under Texas Whistleblower Act
PJC 107.5 Question and Instruction on Retaliation for Seeking Worker’s Compensation Benefits
PJC 107.6 Question and Instruction on Unlawful Employment Practices
PJC 107.7 Question on After-Acquired Evidence of Employee Misconduct
PJC 107.8 Instruction on Damages Reduction for After-Acquired Evidence of Employee Misconduct
PJC 107.9 Question and Instruction on Retaliation
PJC 107.10 Instruction on Constructive Discharge
PJC 107.11 Instruction on Disability
PJC 107.12 Instruction on Failure to Make Reasonable Workplace Accommodation
PJC 107.13 Question and Instruction on Undue Hardship Defense
PJC 107.14 Question on Good-Faith Effort to Make Reasonable Workplace Accommodation
PJC 107.15 Instruction on Sex Discrimination
PJC 107.16 Instruction on Religious Observance or Practice
PJC 107.17 Question and Instruction on Defense of Undue Hardship to Accommodate Religious Observances or Practices
PJC 107.18 Question Limiting Relief in Unlawful Employment Practices
PJC 107.19 Question and Instruction on Bona Fide Occupational Qualification Defense
PJC 107.20 Question on Harassment
PJC 107.21 Instruction on Sexual Harassment by SupervisorInvolving Tangible Employment Action (Quid Pro Quo)
PJC 107.22 Instruction on Harassment by Nonsupervisory Employee (Hostile Environment)
PJC 107.23 Instruction on Harassment by Supervisory Employee Not Involving Tangible Employment Action (Hostile Environment)
PJC 107.24 Question and Instruction on Affirmative Defense to Harassment Where No Tangible Employment Action Occurred

CHAPTER 108 PIERCING THE CORPORATE VEIL

PJC 108.1 Basic Question
PJC 108.2 Instruction on Alter Ego
PJC 108.3 Instruction on Sham to Perpetrate a Fraud
PJC 108.4 Instruction on Evasion of Existing Legal Obligation
PJC 108.5 Instruction on Circumvention of a Statute
PJC 108.6 Instruction on Protection of Crime or Justification of Wrong
PJC 108.7 Instruction on Monopoly

CHAPTER 109 CIVIL CONSPIRACY

PJC 109.1 Question and Instruction on Conspiracy

CHAPTER 110 DEFAMATION AND BUSINESS DISPARAGEMENT

PJC 110.1 Libel and Slander (Comment on Broad Form)
PJC 110.2 Question and Instruction on Publication
PJC 110.3 Question and Instructions on Defamatory
PJC 110.4 Question and Instruction on Falsity
PJC 110.5 Question and Instruction on Negligence
PJC 110.6 Question and Instructions on Actual Malice
PJC 110.7 Actual Malice in Cases of Qualified Privilege (Comment)
PJC 110.8 Question and Instructions on Defense of Substantial Truth
PJC 110.9 Question and Instructions on Defamatory False Impression
PJC 110.10 Question and Instruction on Negligence (Defamatory False Impression)
PJC 110.11 Question and Instructions on Actual Malice (Defamatory False Impression)
PJC 110.12 Question on Defamatory Parody or Satire
PJC 110.13 Question and Instruction on Negligence (Defamatory Parody or Satire)
PJC 110.14 Question and Instruction on Actual Malice (Defamatory Parody or Satire)
PJC 110.15 Business Disparagement
PJC 110.16 Question and Instruction on Intrusion
PJC 110.17 Question and Instruction on Publication of Private Facts
PJC 110.18 Question and Instruction on Invasion of Privacy by Misappropriation
PJC 110.19 False Light Invasion of Privacy (Comment)

CHAPTER 115 DAMAGES

PJC 115.1 Predicate—Instruction Conditioning Damages Question on Liability
PJC 115.2 Instruction on Whether Compensatory Damages Are Subject to Income Taxes (Actions Filed on or after September 1, 2003)
PJC 115.3 Question on Contract Damages
PJC 115.4 Sample Instructions on Direct and Incidental Damages—Contracts
PJC 115.5 Instructions on Consequential Damages—Contracts
PJC 115.6 Question on Promissory Estoppel—Reliance Damages
PJC 115.7 Question on Quantum Meruit Recovery
PJC 115.8 Defensive Instruction on Mitigation—Contract Damages
PJC 115.9 Question and Instruction on Deceptive Trade Practice Damages
PJC 115.10 Sample Instructions—Deceptive Trade Practice Damages
PJC 115.11 Question on Additional Damages—Deceptive Trade Practices
PJC 115.12 Contribution—Deceptive Trade Practices Act and Insurance Code Chapter 541 (Comment)
PJC 115.13 Question and Instruction on Actual Damages under Insurance Code Chapter 541
PJC 115.14 Question and Instruction on Actual Damages for Breach of Duty of Good Faith and Fair Dealing
PJC 115.15 Remedies for Breach of Fiduciary Duty (Comment)
PJC 115.16 Question on Profit Disgorgement—Amount of Profit
PJC 115.17 Question on Fee Forfeiture—Amount of Fee
PJC 115.18 Question on Actual Damages for Breach of Fiduciary Duty
PJC 115.19 Question and Instruction on Direct Damages Resulting from Fraud
PJC 115.20 Question and Instruction on Consequential Damages Caused by Fraud
PJC 115.21 Question and Instruction on Monetary Loss Caused by Negligent Misrepresentation
PJC 115.22 Question on Damages for Intentional Interference with Existing Contract or for Wrongful Interference with Prospective Contractual Relations
[PJC 115.23 is reserved for expansion.] PJC 115.24 Sample Instructions on Direct and Incidental Damages—Breach of Employment Agreement
PJC 115.25 Defensive Instruction on Mitigation—Breach of Employment Agreement Damages
PJC 115.26 Question and Instruction on Damages for Wrongful Discharge for Refusing to Perform an Illegal Act
PJC 115.27 Question and Instructions on Damages for Retaliation under Texas Whistleblower Act
PJC 115.28 Question and Instruction on Damages—Retaliation for Seeking Worker’s Compensation Benefits
PJC 115.29 Predicate Question and Instruction on Exemplary Damages—Retaliation for Seeking Worker’s Compensation Benefits—Causes of Action Accruing before September 1, 1997
PJC 115.30 Question and Instruction on Unlawful Employment Practices Damages
PJC 115.31 Predicate Question and Instruction on Exemplary Damages for Unlawful Employment Practices
PJC 115.32 Question on Employer Liability for Exemplary Damages for Conduct of Supervisor
PJC 115.33 Question and Instructions—Defamation General Damages
PJC 115.34 Question and Instructions—Defamation Special Damages
PJC 115.35 Question and Instructions—Invasion of Privacy Damages
PJC 115.36 Proportionate Responsibility
PJC 115.37 Predicate Question and Instruction on Award of Exemplary Damages
PJC 115.38 Question and Instruction on Exemplary Damages
PJC 115.39 Question and Instruction for Imputing Liability for Exemplary Damages
PJC 115.40 Question and Instructions—Securing Execution of Document by Deception as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(11))
PJC 115.41 Question and Instruction—Fraudulent Destruction, Removal, Alteration, or Concealment of Writing as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(12))
PJC 115.42 Question and Instructions—Forgery as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(8))
PJC 115.43 Question and Instructions—Theft as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(13))
PJC 115.44 Question and Instruction—Commercial (Fiduciary) Bribery as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(9))
PJC 115.45 Question and Instructions—Misapplication of Fiduciary Property as a Ground for Removing Limitation on Exemplary Damages (Tex. Civ. Prac. & Rem. Code § 41.008(c)(10))
PJC 115.46 Other Conduct of Defendant Authorizing Removal of Limitation on Exemplary Damages Award (Comment)
PJC 115.47 Question on Attorney’s Fees

CHAPTER 116 PRESERVATION OF CHARGE ERROR

PJC 116.1 Preservation of Charge Error (Comment)

APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
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