PJC Malpractice 2024

PJC 84.6

E CONOMIC D AMAGES

PJC 84.6

Economic Damages—Question and Instruction on Monetary Loss Caused by Negligent Misrepresentation

If you answered “Yes” to Question _____ [ appropriate liability question ], then answer the following question. Otherwise, do not answer the following question. QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his damages, if any, that were proximately caused by such negligent misrepresentation? [Insert definition of proximate cause, PJC 60.1.] Consider the following elements of damages, if any, and none other. Do not add any amount for interest on past damages, if any. Answer separately, in dollars and cents, for damages, if any. The difference, if any, between the value of what Paul Payne has received in the transaction and the purchase price or value given. Answer: _______________ The economic loss, if any, otherwise suffered in the past as a consequence of Paul Payne ’s reliance on the misrepresentation. Answer: _______________ The economic loss, if any, that in reasonable probability will be sustained in the future as a consequence of Paul Payne ’s reliance on the misrepresentation. Answer: _______________ COMMENT When to use. PJC 84.6 should be predicated on a “Yes” answer to PJC 61.4. If only one measure of damages is supported by the pleadings and proof, the measure may be incorporated into the question. Instruction required. PJC 84.6 may not be submitted without an instruction on the appropriate measure of damages. See Jackson v. Fontaine’s Clinics , 499 S.W.2d 87, 90 (Tex. 1973).

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