pjc-oil-and-gas-2022-lib

CHANGES IN THE 2022 EDITION The 2022 edition of Texas Pattern Jury Charges—Oil & Gas includes the following changes from the 2020 edition: 1. Admonitory Instructions—Updated commentary on proximate cause to include new case law discussing aggregate level causation (300.13) 2. Improper Use of Real Property— a. Question and instruction on affirmative good-faith defense to trespass moved to damages chapter (formerly 302.5, now 313.10) b. New questions and instructions added on intentional, negligent, and strict liability private nuisance (302.12A–302.12C) 3. Oil and Gas Industry Agreements— a. Updated chapter in its entirety, including both a reorganization of the material and substantive updates. Charges have been renumbered throughout. A Committee Note at the beginning of the chapter explains the reorganization and includes disposition and derivation tables to clarify the renumbering. b. New material includes a stand-alone question on multiple competing claims of breach (305.3B) and an instruction on materiality (305.17). c. Consolidated commentary on ambiguity under the instruction on ambiguous provisions (305.12). Expanded discussion on formation of agreement and parol evidence (305.9) and updated discussion on trade custom with new proposed instruction (305.20). 4. Defenses— a. Added new instruction on release (312.5) b. Added new instruction on fraudulent inducement (312.15) c. Added new discussion on partial performance as an exception to the stat ute of frauds (312.17) d. Charges have been renumbered throughout 5. Damages— a. Updated title and revised discussion in Comment PJC on monetary damages recoverable for claims involving real property interests (313.5)

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