Texas Pattern Jury Charges—Oil & Gas

Texas Pattern Jury Charges—Oil & Gas

  • By the State Bar Committee on Pattern Jury Charges
  • Instant Download! Digital Download Features
  • 1 volume; softbound
  • 336 pages
  • © 2018


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Texas Pattern Jury Charges—Oil & Gas 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 actions arising from adverse possession, improper use of real property, issues between lessor and lessee, executive rights, and more. Many practitioners find it very helpful in preparing findings of fact and conclusions of law in nonjury cases and in identifying issues and evidence requirements in oil and gas cases generally. Comments provide a ready reference to the source of each charge and instructions on when to use it.

The 2018 edition includes statutory and case law updates throughout, as well as:

  • New comments on third-party beneficiaries and money had and received
  • New questions and instructions on ambiguous provisions and reformation as an affirmative cause of action
  • Updated and new admonitory instructions relating to adverse inference and Fifth Amendment privilege
  • Updated discussion on preservation of charge error and broad-form issues
  • Updated discussion on adverse possession to reference the impact of the newly enacted section 16.0265 of the Texas Civil Practice and Remedies Code
  • Updated discussion of the severed groundwater estate to include Coyote Lake Ranch, LLC v. City of Lubbock
  • Updated question and instructions on cessation of production in paying quantities to include two separate questions as reflected in current case law

The Texas Pattern Jury Charges—Oil & Gas Digital Download is included at no charge with purchase of the hard copy and may also be purchased separately. The digital download contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as Word files linked to the comments for quick retrieval and assembly of jury charges. Texas and federal case citations are linked to the online version of the Casemaker Web Library. Texas and federal 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
CHANGES IN THE 2018 EDITION
INTRODUCTION

CHAPTER 300 ADMONITORY INSTRUCTIONS

PJC 300.1 Instructions to Jury Panel before Voir Dire Examination
PJC 300.2 Instructions to Jury after Jury Selection
PJC 300.3 Charge of the Court
PJC 300.4 Additional Instruction for Bifurcated Trial
PJC 300.5 Instructions to Jury after Verdict
PJC 300.6 Instruction to Jury If Permitted to Separate
PJC 300.7 Instruction If Jury Disagrees about Testimony
PJC 300.8 Circumstantial Evidence (Optional)
PJC 300.9 Instructions to Deadlocked Jury
PJC 300.10 Privilege—Generally No Inference
PJC 300.11 Fifth Amendment Privilege—Adverse Inference May Be Considered
PJC 300.12 Parallel Theories on Damages
PJC 300.13 Proximate Cause
PJC 300.14 Instruction on Spoliation

CHAPTER 301 ADVERSE POSSESSION

PJC 301.1 Adverse Possession (Comment)
PJC 301.2 Question and Instructions on Adverse Possession—Three-Year Limitations Period
PJC 301.3 Question and Instructions on Adverse Possession—Five-Year Limitations Period
PJC 301.4 Question and Instructions on Adverse Possession—Ten-Year Limitations Period
PJC 301.5 Question and Instructions on Adverse Possession—Twenty-Five-Year Limitations Period
PJC 301.6 Question and Instructions on Adverse Possession with Recorded Instrument—Twenty-Five-Year Limitations Period

CHAPTER 302 IMPROPER USE OF REAL PROPERTY

PJC 302.1 Injury to Real Property from Oil and Gas Operations (Comment)
PJC 302.2 Question and Instruction on Reasonable Use of Surface Estate
PJC 302.3 Question and Instruction on Accommodation Doctrine
PJC 302.4 Question and Instruction on Trespass
PJC 302.5 Question and Instruction on Affirmative Good-Faith Defense to Trespass

CHAPTER 303 LESSOR-LESSEE ISSUES

PJC 303.1 Claims for Breach of Lease Provisions (Comment)
PJC 303.2 Question on Breach of Express Pooling Provision
PJC 303.3 Question and Instruction on Good-Faith Pooling
PJC 303.4 Question on Breach of Express Royalty Provision
PJC 303.5 Question on Untimely Payment of Proceeds of Production under Natural Resources Code
PJC 303.6 Question on Location of Sale
PJC 303.7 Question and Instruction on Implied Duty to Reasonably Market Production (Proceeds/Amount Realized Royalty Provision)
PJC 303.8 Question and Instructions on Breach of Express Market Value Royalty Provision
PJC 303.9 Question and Instruction on Unreasonable Deduction of Postproduction Costs
PJC 303.10 Implied Covenants (Comment)
PJC 303.11 Question and Instructions on Breach of Implied Covenant to Protect against Drainage
PJC 303.12 Question and Instruction on Breach of Implied Covenant to Develop
PJC 303.13 Lease Termination (Comment)
PJC 303.14 Question on Failure to Tender Delay Rental Payment
PJC 303.15 Question and Instruction on Failure to Commence Operations before End of Primary Term
PJC 303.16 Question and Instruction on Failure to Commence Operations after Cessation of Production
PJC 303.17 Question and Instruction on Failure to Prosecute Operations without Cessation
PJC 303.18 Question and Instruction on Failure to Commence Operations after Completion of Dry Hole
PJC 303.19 Question on Cessation of Production
PJC 303.20 Question and Instructions on Cessation of Production in Paying Quantities
PJC 303.21 Question on Date of Cessation of Production
PJC 303.22 Question and Instruction on Temporary Cessation of Production
PJC 303.23 Question on Failure to Tender Shut-In
PJC 303.24 Question and Instruction on Determining Whether Well Qualifies as Shut-In Well
PJC 303.25 Question on Force Majeure

CHAPTER 304 EXECUTIVE RIGHTS

PJC 304.1 Breach of Executive Rights Duty (Comment)
PJC 304.2 Question and Instruction on Breach of Executive Rights Duty

CHAPTER 305 OIL AND GAS INDUSTRY AGREEMENTS

PJC 305.1 Oil and Gas Industry Contracts (Comment)
PJC 305.2 Basic Question—Existence
PJC 305.3 Basic Question—Compliance (Non-JOA)
PJC 305.4 Instruction on Formation of Agreement
PJC 305.5 Instruction on Authority
PJC 305.6 Instruction on Ratification
PJC 305.7 Conditions Precedent (Comment)
PJC 305.8 Court’s Construction of Provision of Agreement (Comment)
PJC 305.9 Instruction on Ambiguous Provisions
PJC 305.10 Trade Custom (Comment)
PJC 305.11 Instruction on Time of Compliance
PJC 305.12 Instruction on Offer and Acceptance
PJC 305.13 Instruction on Withdrawal or Revocation of Offer
PJC 305.14 Instruction on Price
PJC 305.15 Consideration (Comment)

[PJC 305.16–305.18 are reserved for expansion.]

PJC 305.19 Question and Instruction on Ambiguous Provisions
PJC 305.20 Question and Instruction on Reformation as an Affirmative Case of Action
PJC 305.21 Question on Main Purpose Doctrine
PJC 305.22 Third-Party Beneficiaries (Comment)
PJC 305.23 Question on Promissory Estoppel
PJC 305.24 Question and Instruction on Quantum Meruit
PJC 305.25 Money Had and Received (Comment)
PJC 305.26 Unjust Enrichment (Comment)
PJC 305.27 Basic Question and Instructions on Breach of Joint Operating Agreement—Compliance
PJC 305.28 Questions and Instructions on Breach by Operator under Joint Operating Agreement Exculpatory Provision

[Chapters 306–311 are reserved for expansion.]

CHAPTER 312 DEFENSES

PJC 312.1 Defenses—Basic Question
PJC 312.2 Defenses—Instruction on Plaintiff’s Material Breach (Failure of Consideration)
PJC 312.3 Defenses—Instruction on Anticipatory Repudiation
PJC 312.4 Defenses—Instruction on Waiver
PJC 312.5 Defenses—Instruction on Equitable Estoppel
PJC 312.6 Defenses—Instruction on Duress
PJC 312.7 Defenses—Instruction on Undue Influence
PJC 312.8 Defenses—Instruction on Mutual Mistake of Fact
PJC 312.9 Defenses—Instruction on Mutual Mistake—Scrivener’s Error
PJC 312.10 Defenses—Instruction on Novation
PJC 312.11 Defenses—Instruction on Modification
PJC 312.12 Defenses—Instruction on Accord and Satisfaction
PJC 312.13 Defenses—Instruction on Mental Capacity
PJC 312.14 Defenses—Statute of Frauds (Comment)
PJC 312.15 Question on Statute of Limitations—Discovery Rule
PJC 312.16 Question and Instruction on Repudiation of Title
PJC 312.17 Question and Instruction on Statutory Defense to Withholding of Payments and Prejudgment Interest
PJC 312.18 Question and Instruction on Bona Fide Purchaser Defense

CHAPTER 313 DAMAGES

PJC 313.1 Predicate—Instruction Conditioning Damages Questions on Liability
PJC 313.2 Instruction on Whether Compensatory Damages Are Subject to Income Taxes (Actions Filed on or after September 1, 2003)
PJC 313.3 Question and Instruction on Damages for Trespass Resulting in Production
PJC 313.4 Question on Reduction of Damages Resulting from Good-Faith Trespass
PJC 313.5 Damages Recoverable for Claims Involving Physical Injury to Real Property (Other Than by Production) (Comment)
PJC 313.6 Question on Frequency and Duration of Injury
PJC 313.7 Question and Instruction on Cost to Repair, Fix, or Restore Temporary Injury
PJC 313.8 Question and Instruction on Diminution in Market Value
PJC 313.9 Question and Instruction on Damages for Breach of Express Pooling Provisions and Implied Duty to Pool in Good Faith
PJC 313.10 Question and Instruction on Damages for Breach of Express Royalty Provision
PJC 313.11 Question and Instruction on Damages for Breach of Implied Duty to Reasonably Market Production
PJC 313.12 Question and Instruction on Damages for Breach of Express Market Value Royalty Provision
PJC 313.13 Question and Instruction on Damages for Unreasonable Deductions
PJC 313.14 Question and Instruction on Drainage Damages
PJC 313.15 Question and Instruction on Damages for Breach of Implied Covenant to Develop
PJC 313.16 Question and Instruction on Actual Damages for Breach of Executive Rights Duty
PJC 313.17 Question on Contract Damages
PJC 313.18 Sample Instructions on Direct and Incidental Damages—Contracts
PJC 313.19 Instructions on Consequential Damages—Contracts
PJC 313.20 Question on Promissory Estoppel—Reliance Damages
PJC 313.21 Question on Quantum Meruit Recovery
PJC 313.22 Defensive Instruction on Mitigation—Contract Damages

[PJC 313.23–313.32 are reserved for expansion.]

PJC 313.33 Question on Attorney’s Fees

CHAPTER 314 PRESERVATION OF CHARGE ERROR

PJC 314.1 Preservation of Charge Error (Comment)
PJC 314.2 Broad-Form Issues and the Casteel Doctrine (Comment)

APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
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