PJC Business

S UBJECT I NDEX

Fraud, misrepresentation — continued reliance, 105.2 opinion false statement of, 105.3D made with special knowledge, 105.3A, 105.3E mixed with fact, 105.3C “piercing the corporate veil,” 108.3– 108.8 promise of future action, 105.3B silence as misrepresentation, 105.4 statute of limitations (common-law fraud), 105.5 statutory fraud, 105.7–105.11 actual awareness, 105.7, 105.11 basic question, 105.7 benefiting from, 105.10 exemplary damages, 105.11 factual misrepresentation, 105.8 false promise, 105.9 Fraud, purchase or sale of securities. See Securities Act, violation of

Uniform Commercial Code, 101.2A, 101.28, 103.2 workers’ compensation claims, 103.1 Goods defined, 102.9 sale of ( see Sale of goods) H Habitability (warranty), 102.12, 102.13 Harassment DTPA counterclaim, 102.24 in employment cases ( see Employment) Hypothetical examples, Introduction 4(f) Implied warranty. See generally Warranty Income taxes, instruction on whether damages are subject to, 115.2 Injunction (fiduciary duty), 115.15 Injury to child, elderly or disabled person (exemplary damages), 115.46 Insurance. See also Insurance Code (ch. 541) claims delay in paying, 103.1 denial, 103.1 loss of coverage (employment damages), 115.24 policies cancellation of, 103.1 Insurance Code (ch. 541). See also Damages, deceptive trade practices; Deceptive trade practices I Implied authority (contract), 101.15

Frauds, statute of, 101.35, 101.41 Fraudulent destruction, removal,

alteration, or concealment of writing (exemplary damages), 115.41

G Good and workmanlike performance (DTPA), 102.12 distinguished from habitability, 102.13 Good faith and fair dealing, ch. 103 cancellation of coverage, 103.1 damages, 115.14 policy benefits, 115.14 exemplary damages, 103.1, 115.37

express contract, 103.3 insurance cases, 103.1 basic question, 103.1 noninsurance cases, 103.1 proximate cause, 103.1, 115.14 source of duty, 103.1

generally, 102.14 causation, 102.14 defenses ( see under Deceptive trade practices)

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