PJC Business

PJC 105.3

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.3

Definitions of Misrepresentation—Intentional Misrepresentation

PJC 105.3A Factual Misrepresentation A false statement of fact [ or ]

COMMENT When to use. PJC 105.3A should be used in cases involving an allegation that the defendant made an affirmative statement of fact that was false. See Trenholm v. Rat cliff , 646 S.W.2d 927, 930 (Tex. 1983) (false statement of fact actionable as fraud). Whether a statement is one of fact or merely one of opinion often depends on the cir cumstances in which the statement is made. Italian Cowboy Partners, Ltd. v. Pruden tial Insurance Co. of America , 341 S.W.3d 323, 338 (Tex. 2011). For example, special or one-sided knowledge may lead to the conclusion that a statement is one of fact rather than opinion. Italian Cowboy Partners, Ltd. , 341 S.W.3d at 338. Accompanying question and instruction. PJC 105.3A is designed to accom pany the broad-form fraud question at PJC 105.1 and the basic elements of fraud at PJC 105.2. For other definitions of misrepresentation, see PJC 105.3B–105.3E. Use of “or.” If more than one definition of misrepresentation is used, each must be separated by the word or , because a finding of any one type of misrepresentation would support recovery. See Lundy v. Masson , 260 S.W.3d 482, 494 (Tex. App.— Houston [14th Dist.] 2008, pet. denied) (approving the use of “or”).

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