PJC Business

PJC 105.25

F RAUD AND N EGLIGENT M ISREPRESENTATION

Code §24.002(1), (7), (11). If there is no factual dispute that a pertinent person or entity is an insider, or that no insiders participated in the relevant transactions, the court may instruct the jury accordingly. If there is a factual dispute regarding insider status, the relevant parts of the following definition should be submitted: “Insider” includes— [Insert the following if Dean Debtor is an individual.] 1. a relative of Dean Debtor or a general partner of Dean Debtor ; 2. a partnership in which Dean Debtor is a general partner; 3. a general partner in a partnership in which Dean Debtor is a general partner; or 4. a corporation in which Dean Debtor is a director, officer, or person in control. [Insert the following if Dean Debtor is a corporation.] 1. a director, officer, or person in control of Debtor, Inc. ; 2. a partnership in which Debtor, Inc. is a general partner; 3. a general partner in a partnership in which Debtor, Inc. is a general partner; or 4. a relative of a general partner, director, officer, or person in control of Debtor, Inc. [Insert the following if Dean Debtor is a partnership.] 1. a general partner of Debtor Partners ; 2. a relative of a general partner in, a general partner of, or a person in control of Debtor Partners ; 3. another partnership in which Debtor Partners is a general partner; 4. a general partner in another partnership in which Debtor Partners is a general partner; or 5. a person in control of Debtor Partners .

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