PJC Business

PJC 105.3

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.3C Opinion Mixed with Fact A statement of opinion based on a false statement of fact [ or ]

COMMENT When to use. PJC 105.3C should be used in cases involving an allegation that the defendant represented to the plaintiff an opinion based on a fact that the defendant knew was false. This type of statement constitutes an exception to the general rule that only false statements of fact can be actionable as fraud. Trenholm v. Ratcliff , 646 S.W.2d 927, 930 (Tex. 1983). Accompanying question and instruction. PJC 105.3C 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–105.3B and 105.3D–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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