PJC Business

PJC 101.31

C ONTRACTS

does not alone bar a claim of fraudulent inducement. International Business Machines Corp. v. Lufkin Industries, LLC , 573 S.W.3d 224, 229 (Tex. 2019). Whether an adequate disclaimer of reliance exists as to negate a claim of fraudulent inducement is a matter of law. Italian Cowboy Partners , 341 S.W.3d at 333. If fraud is not established as a matter of law, the burden is on the party asserting fraudulent inducement to obtain jury findings to establish the necessary elements of this affirma tive defense. Oilwell Division, U.S. Steel Corp. v. Fryer , 493 S.W.2d 487, 490 (Tex. 1973). The agreement and the circumstances surrounding its formation determine whether a disclaimer of reliance is binding to bar a fraudulent inducement defense. Schlumberger , 959 S.W.2d at 179–80. Definition of fraud. See PJC 105.2 for a definition of fraud. See also Fryer , 493 S.W.2d at 490. Accompanying instructions and definitions. PJC 101.31 should be accompa nied by appropriate instructions and definitions for fraud. See PJC 105.2–105.4.

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