PJC Business 2024

F IDUCIARY D UTY

PJC 104.1

alleged breach, the Committee suggests adding to the question the phrases, “on [ date ]” or “at the time of the [ occurrence or transaction ].” See Meyer , 167 S.W.3d at 331 (quoting Associated Indemnity Corp. v. CAT Contracting, Inc. , 964 S.W.2d 276, 287 (Tex. 1998)); Swanson , 959 S.W.2d at 177 (in business transaction, special relation ship of trust and confidence must have existed before, and apart from, agreement made basis of suit); Schiller v. Elick , 240 S.W.2d 997, 1000 (Tex. 1951) (relationship must not have been terminated before time of occurrence or transaction giving rise to cause of action). Source of question and instruction. PJC 104.1 is derived from Thigpen , 363 S.W.2d at 253 (confidential relationship exists if beneficiary is justified in placing trust and confidence in fiduciary to act in beneficiary’s best interest); Crim Truck & Tractor Co. , 823 S.W.2d at 594–95 (subjective trust alone does not transform arm’s-length transaction into fiduciary relationship); and Fitz-Gerald v. Hull , 237 S.W.2d 256, 261 (Tex. 1951) (informal relationship may arise where one person trusts and relies on another).

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