PJC Business

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.3

PJC 105.3D False Statement of Opinion A statement of opinion that the maker knows to be false [ or ]

COMMENT When to use. PJC 105.3D should be used in cases involving an allegation that the defendant represented to the plaintiff an opinion that the defendant knew to be false. This type of statement constitutes an exception to the general rule that only false state ments of fact can be actionable as fraud. Transport Insurance Co. v. Faircloth , 898 S.W.2d 269, 276 (Tex. 1995); Trenholm v. Ratcliff , 646 S.W.2d 927, 930 (Tex. 1983). Accompanying question and instruction. PJC 105.3D 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 105.3A–105.3C and 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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