PJC Business

F IDUCIARY D UTY

PJC 104.5

in the best interest of the partnership. See Tex. Bus. Orgs. Code §§152.002, 152.204– .207. Broad-form submission. PJC 104.5 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. Remedies. See PJC 115.15 regarding equitable remedies and damages for breach of fiduciary duty; PJC 115.16 for a question on the amount of profit disgorgement; PJC 115.17 for a question on the amount of forfeiture of fees; and PJC 115.18 for a question on actual damages for breach of fiduciary duty. The statute or agreement that is the source of the fiduciary duty may define the remedies and damages for a breach of that duty. For a discussion of breach of fiduciary duty and fee forfeiture in the attor ney-client context, see the current edition of State Bar of Texas, Texas Pattern Jury Charges—Malpractice, Premises & Products PJC 84.7.

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