Common-law defenses may not be used to defeat claims brought under a statute that was not designed to be a codification of the common law. See, e.g., Smith, 611 S.W.2d at 616 (DTPA not designed to be a codification of common law; DTPA was designed to "provide consumers a cause of action for deceptive practices without the burden of proof and numerous defenses encountered in a common law fraud or breach of warranty suit"); Diversified, Inc. v. Gibraltar Sav. Ass'n, 762 S.W.2d 620, 623 (Tex. App.-Houston [14th Dist.] 1988, writ denied) ("[I]t is well established that the DTPA was not designed to be a codification of the common law and any common law defenses may not be used to defeat a claim under it." (emphasis in original)); Joseph v. PPG Indus., Inc., 674 S.W.2d 862, 865 (Tex. App.-Austin 1984, writ ref'd n.r.e.) (common-law defenses "cannot be used to defeat claims under the DTPA" because DTPA was not designed to codify common law); see also Frank B. Hall & Co v. Beach, Inc., 733 S.W.2d 251, 264 (Tex. App.-Corpus Christi 1987, writ ref'd n.r.e.) (applying rule from Smith and Joseph to preclude common-law defenses to claims brought under Texas Insurance Code). We already have determined that the sections of the Texas Property Code at issue in this case do not constitute a codification of the common law. Therefore, we conclude that these common-law defenses are not available to defeat claims under the statute, and we overrule [Appellant's] Issues 4-8.[11
SOURCE: FOURTEENTH COURT OF APPEALS - HOUSTON - No. 14-11-00126-CV - 5/17/12 (substituted opinion)
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