PJC Malpractice 2024

PJC 72.12

J OINT AND S EVERAL L IABILITY

“Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if— 1. induced by deception or coercion; 2. given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable prop erty dispositions; or 3. given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. COMMENT When to use. PJC 72.12 tracks a provision of the Texas Penal Code (Tex. Penal Code §32.46), as provided for in the Texas Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code §33.013(b)(2)(K). The definition of “effective consent” is from Tex. Penal Code § 32.46(d). Name of person or entity. Because the statute requires that Don Davis act in con cert with another, the name of each person or entity with whom or with which Don Davis acted in concert must be inserted as set forth in the bracketed portions above. Accompanying definitions and instructions. Proximate cause should be defined in the charge, as it is incorporated into all questions in this chapter. See PJC 50.1–50.3, 60.1, 65.4, and 70.2. “Person” means an individual or a corporation, an association, a limited liability company, or another entity or organization governed by the Texas Business Organizations Code. Tex. Penal Code § 1.07. In an appropriate case, submit only the specific definitions for the offense that are supported by the evidence.

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