PJC Business

C ONTRACTS

PJC 101.2

PJC 101.2B Breach When More Than One Party Claims a Material Breach QUESTION 1 Did Don Davis fail to comply with the agreement ? [Insert instructions, as appropriate.] Answer “Yes” or “No.” Answer: _______________ QUESTION 2 Did Paul Payne fail to comply with the agreement ? [Insert instructions, as appropriate.] Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to both Question 1 and Question 2, then answer Question 3. Otherwise, do not answer Question 3. QUESTION 3 Who failed to comply with the agreement first? Answer “ Don Davis ” or “ Paul Payne .” Answer: _______________ COMMENT When to use. PJC 101.2B should be used when both parties to a contract are alleging a material breach. Source of question. This instruction is derived from Mustang Pipeline Co. v. Driver Pipeline Co. , 134 S.W.3d 195, 200 (Tex. 2004). Disjunctive question for competing claims of material breach. If both parties allege a breach of contract against one another, the court should ask the breach-of-con tract question disjunctively, together with an appropriate instruction directing the jury to decide who committed the first material breach. Mustang Pipeline Co. , 134 S.W.3d at 200. The Committee believes that this conditional submission satisfies the supreme

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