PJC Business 2024

PJC 104.1

F IDUCIARY D UTY

corporation and an alleged informal fiduciary duty, which does not exist as a matter of law, to act for the alleged benefit of an individual shareholder. In re Estate of Poe , 648 S.W.3d at 288 – 89. Broad-form submission. PJC 104.1 is a broad-form question designed to be accompanied by one or more appropriate instructions. Tex. R. Civ. P. 277 requires that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Tex. R. Civ. P. 277; see Thota v. Young , 366 S.W.3d 678, 689 (Tex. 2012) (rule 277’s use of “whenever feasible” mandates broad-form submission in any or every instance in which it is capable of being accomplished). For further discussion, see PJC 116.2 regarding broad-form issues and the Casteel doctrine. Formal fiduciary relationships. If the existence of a formal fiduciary relation ship is disputed, a question should be submitted inquiring whether the formal fiduciary relationship exists at the time of the occurrence or transaction at issue, or with respect to the occurrence or transaction at issue, or both. See National Plan Administrators, Inc. v. National Health Insurance Co. , 235 S.W.3d 695, 700–704 (Tex. 2007); Johnson v. Brewer & Pritchard, P.C. , 73 S.W.3d 193, 200–203 (Tex. 2002); see also the current edition of State Bar of Texas, Texas Pattern Jury Charges—Malpractice, Premises & Products PJC 61.3 (form question when the existence of a professional relationship is in dispute). When the existence of an informal fiduciary relationship is a question of law. Although the existence of an informal relationship of trust and confidence is ordinarily a question of fact, if the issue is one of no evidence, it becomes a question of law. Crim Truck & Tractor Co. , 823 S.W.2d at 594. Similarly, if the facts are undis puted, the question is one of law. Meyer , 167 S.W.3d at 330. The supreme court has held that the following situations, for example, do not rise to the level of a relationship of trust and confidence: • One businessman trusts another and relies on his promise to perform a contract. Consolidated Gas & Equipment Co. v. Thompson , 405 S.W.2d 333, 336 (Tex. 1966); Thigpen , 363 S.W.2d at 253. • The relationship has been a cordial one and of long duration. Thigpen , 363 S.W.2d at 253. • People have had prior dealings with each other and one party subjectively trusts the other. Meyer , 167 S.W.3d at 331; Schlumberger Technology Corp. v. Swanson , 959 S.W.2d 171, 177 (Tex. 1997); Consolidated Gas & Equipment Co. , 405 S.W.2d at 336; Thigpen , 363 S.W.2d at 253. • The plaintiff has always done everything requested by the defendant. Crim Truck & Tractor Co. , 823 S.W.2d at 596 n.6. If commencement or termination of relationship is at issue. If there is a dis pute about whether the relationship had begun or had terminated at the time of the

208