pjc-oil-and-gas-2022-lib

PJC 313.10

D AMAGES

PJC 313.10 Question and Instruction on Affirmative Good-Faith Defense to Trespass If you answered “Yes” to Question _______ [ 302.4 ], then answer the follow ing question. Otherwise, do not answer the following question. QUESTION ______ Did Don Davis trespass in good faith? A person acts in good faith when that person does so with both an honest and a reasonable belief in the superiority of that person’s title. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 313.10 is appropriate as an affirmative defense in cases involv ing drilling of or production from wells that are not authorized (e.g., not subject to a valid oil and gas lease, because of a surveying dispute, or a lease that has terminated) and, if applicable, should be conditionally submitted after PJC 302.4. Source of question and instruction. PJC 313.10 is derived from Gulf Production Co. v. Spear , 84 S.W.2d 452, 457 (Tex. Comm’n App. 1935), and Mayfield v. Bena vides , 693 S.W.2d 500, 504 (Tex. App.—San Antonio 1985, writ ref’d n.r.e.).

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