PJC Business

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.3

PJC 105.3B Promise of Future Action A promise of future performance made with an intent, at the time the prom ise was made, not to perform as promised [ or ] COMMENT When to use. PJC 105.3B should be used if the alleged fraud is a promise made with intent not to perform. Anderson v. Durant , 550 S.W.3d 605, 614 (Tex. 2018); For mosa Plastics Corp. USA v. Presidio Engineers & Contractors, Inc. , 960 S.W.2d 41, 46–48 (Tex. 1998); T.O. Stanley Boot Co. v. Bank of El Paso , 847 S.W.2d 218, 222 (Tex. 1992); Spoljaric v. Percival Tours, Inc. , 708 S.W.2d 432, 434–35 (Tex. 1986). Accompanying question and instruction. PJC 105.3B is designed to accompany 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 105.3A and 105.3C–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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