pjc-oil-and-gas-2022-lib

PJC 312.16

D EFENSES

PJC 312.16B Promise of Future Action A promise of future performance made with an intent, at the time the prom ise was made, not to perform as promised [ or ] COMMENT When to use. PJC 312.16B should be used if the alleged fraud is a promise made with intent not to perform. Anderson v. Durant , 550 S.W.3d 605, 614 (Tex. 2018); For mosa Plastics Corp. USA v. Presidio Engineers & Contractors, Inc. , 960 S.W.2d 41, 46–48 (Tex. 1998); T.O. Stanley Boot Co. v. Bank of El Paso , 847 S.W.2d 218, 222 (Tex. 1992); Spoljaric v. Percival Tours, Inc. , 708 S.W.2d 432, 434–35 (Tex. 1986). Accompanying question and instruction. PJC 312.16B is designed to accom pany PJC 312.15. For other definitions of misrepresentation, see PJC 312.16A and PJC 312.16C–312.16E. Use of “or.” If more than one definition of misrepresentation is used, each must be separated by the word or , because a finding of any one type of misrepresentation would support recovery. See Lundy v. Masson , 260 S.W.3d 482, 494 (Tex. App.— Houston [14th Dist.] 2008, pet. denied) (approving the use of “or”).

204