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You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff. 5.5 Punitive Damages | Model Jury Instructions - Ninth Circuit uscourts.gov ? jury-instructions ? node uscourts.gov ? jury-instructions ? node
Texas law requires the following elements to establish a breach of contract: (1) a valid contract exists; (2) the plaintiff performed or tendered performance as contractually required; (3) the defendant breached the contract by failing to perform or tender performance as required; and (4) the plaintiff sustained ... Breach of Contract in Texas - Freeman Law freemanlaw.com ? breach-of-contract-in-texas freemanlaw.com ? breach-of-contract-in-texas
The elements of a breach of contract claim under Texas law are: ?(1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach.? Smith Intern., Inc. Case -cv-01308-M-BN Document 11 Filed 07/15/13 Page 1 of 14 ... govinfo.gov ? content ? pkg ? pdf ? USCO... govinfo.gov ? content ? pkg ? pdf ? USCO...
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ... Standard Jury Instruction in Civil Cases 503.1 - The Florida Bar floridabar.org ? 503.1-11-19-21.rtf floridabar.org ? 503.1-11-19-21.rtf
General Contract Questions The basic format in the Texas Pattern Jury Charges to submit a breach of contract is to ask, as needed, whether the parties had an agreement and whether one or both of the parties failed to comply with the agreement. See PJC 101.1 and 101.2. THE JURY CHARGE IN FIRST PARTY CASES gbkh.com ? wp-content ? uploads ? 2015/10 ? 20... gbkh.com ? wp-content ? uploads ? 2015/10 ? 20...
Online sources: These instructions are the same as those published in Texas Pattern Jury Charges. Westlaw & Lexis both include some filed Texas jury instructions in their trial court document databases. Jury Instructions - Researching Texas Law: Court Documents libguides.com ? c.php libguides.com ? c.php
The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases. Texas Pattern Jury Charges Committees - State Bar of Texas texasbar.com ? Template ? HTMLDisplay.cfm texasbar.com ? Template ? HTMLDisplay.cfm