pjc-oil-and-gas-2022-lib

D EFENSES

PJC 312.16

PJC 312.16E Opinion Made with Special Knowledge An expression of opinion that is false, made by one who has, or purports to have, special knowledge of the subject matter of the opinion. “Special knowledge” means knowledge or information superior to that pos sessed by the other party and to which the other party did not have equal access. [ or ] COMMENT When to use. PJC 312.16E should be used in cases involving an allegation that the defendant had, or purported to have, special knowledge of facts and represented to the plaintiff an opinion based on that special knowledge. Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America , 341 S.W.3d 323, 338 (Tex. 2011); Tren holm v. Ratcliff , 646 S.W.2d 927, 930 (Tex. 1983). Accompanying question and instruction. PJC 312.16E is designed to accom pany PJC 312.15. For other definitions of misrepresentation, see PJC 312.16A– 312.16D. 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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