pjc-oil-and-gas-2022-lib

PJC 312.16

D EFENSES

PJC 312.16D False Statement of Opinion A statement of opinion that the maker knows to be false [ or ]

COMMENT When to use. PJC 312.16D should be used in cases involving an allegation that the defendant represented to the plaintiff an opinion that the defendant knew to be false. This type of statement constitutes an exception to the general rule that only false statements of fact can be actionable as fraud. Transport Insurance Co. v. Faircloth , 898 S.W.2d 269, 276 (Tex. 1995); Trenholm v. Ratcliff , 646 S.W.2d 927, 930 (Tex. 1983). Accompanying question and instruction. PJC 312.16D is designed to accom pany PJC 312.15. For other definitions of misrepresentation, see PJC 312.16A– 312.16C and PJC 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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