pjc-oil-and-gas-2022-lib

D EFENSES

PJC 312.16

PJC 312.16C Opinion Mixed with Fact A statement of opinion based on a false statement of fact [ or ]

COMMENT When to use. PJC 312.16C should be used in cases involving an allegation that the defendant represented to the plaintiff an opinion based on a fact that the defendant knew was false. This type of statement constitutes an exception to the general rule that only false statements of fact can be actionable as fraud. Trenholm v. Ratcliff , 646 S.W.2d 927, 930 (Tex. 1983). Accompanying question and instruction. PJC 312.16C is designed to accom pany PJC 312.15. For other definitions of misrepresentation, see PJC 312.16A– 312.16B and PJC 312.16D–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”).

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