pjc-oil-and-gas-2022-lib

PJC 305.25

O IL AND G AS I NDUSTRY A GREEMENTS

tion, duress, or compulsion, even if the party was mistaken about the law. Samson Exploration, LLC , 521 S.W.3d at 779. “Voluntary payment” is a term of art that may turn on the facts in each case, so it is not possible to comprehensively list all the instructions jurors should receive. See BMG Direct Marketing, Inc. v. Peake , 178 S.W.3d 763, 771 (Tex. 2005) (“[A]lthough the voluntary-payment rule may have been widely used by parties and some Texas courts at one time, its scope has diminished as the rule’s equitable policy concerns have been addressed through statutory or other legal remedies.”).

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