PJC Business

PJC 105.3

F RAUD AND N EGLIGENT M ISREPRESENTATION

PJC 105.3E Opinion Made with Special Knowledge An expression of opinion that is false, made by one who has, or purports to have, special knowledge of the subject matter of the opinion. “Special knowledge” means knowledge or information superior to that pos sessed by the other party and to which the other party did not have equal access. [or] COMMENT When to use. PJC 105.3E should be used in cases involving an allegation that the defendant had, or purported to have, special knowledge of facts and represented to the plaintiff an opinion based on that special knowledge. Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America , 341 S.W.3d 323, 338 (Tex. 2011); Trenholm v. Ratcliff , 646 S.W.2d 927, 930 (Tex. 1983). Accompanying question and instruction. PJC 105.3E 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–105.3D. 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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