PJC General Negligence 2022

T HEFT L IABILITY

PJC 7.3

1. Don Davis created or confirmed by words or conduct a false impression of law or fact that was likely to affect the judg ment of another in the transaction and Don Davis did not believe this impression of law or fact to be true; or 2. Don Davis failed to correct a false impression of law or fact that was likely to affect the judgment of another in the transac tion, Don Davis previously created or confirmed this false impres sion, and Don Davis did not believe this impression of law or fact to be true; or 3. Don Davis prevented another from acquiring information likely to affect that person’s judgment in the transaction; or 4. Don Davis promised performance that was likely to affect the judgment of another in the transaction and Don Davis either did not intend to perform or knew that he would not per form; or 5. Don Davis sold or otherwise transferred or encumbered property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment was or was not valid or was or was not a matter of official record. A person intentionally secures performance of a service by decep tion if it is the person’s conscious objective to secure the perfor mance of the service by deception. A person knowingly secures performance of a service by decep tion if the person is aware the person is securing the performance of the service by deception. A person knows a service is provided only for compensation if the person is aware that the service is provided only for compensation. A person intends to avoid payment for services if the person has the conscious objective of avoiding the payment for the services. See Tex. Penal Code §§ 6.03, 31.01(1), (6), 31.04(a). Submission of specific conduct. The Theft Liability Act incorporates by refer ence the conduct defined as theft under Texas Penal Code sections 31.04 (theft of ser vice) and 31.06 (theft by check or draft). Depending on the specific circumstances, it might be appropriate to include the statutory language of the specific provision that is most relevant to the conduct at issue.

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