4. Other Tort

Question 1

Abuse of process

Answer 1

♣ Requirments:

1. Wrongful use of process for an ulterior purpose
2. Definite act or threat against P to accomplish an ulterior purpose

Question 2

Malicious prosecution

Answer 2

♣ D initiates a frivolous charge or claim against P with an improper purpose.

♣ Requirment:
• 1. D commenced a prior criminal or civil legal proceeding against P
• 2. Prior proceeding terminated in P’s favor
• 3. No probable cause for the original proceeding
• 4. D had an improper purpose in initiating the proceeding
• 5. Damages

Question 3

Misrepresentation

Answer 3

Intentional Misrepresentation (fraud, deceit)
♣ Requirement:
• 1. D misrepresents a past or present material fact
• 2. D knows or believes the misrepresentation is false
• 3. D intends to induce P to act or refrain from acting in reliance on the misrepresentation
• 4. Actual reliance by P
• 5. Justifiable reliance by P
• 6. Damages – P must suffer monetary loss

Negligent Misrepresentation
♣ Requirements:
• 1. D misrepresents a past or present material fact in a business or professional setting
• 2. Breach of duty of care owed to a particular P (e.g. D knew P could rely on the misrepresentation)
• 3. Actual and justifiable reliance by P
• 4. Damages – P must suffer monetary loss

Question 4

Intentional Interference with Business Relations

Answer 4

Arises when a 3rd party interferes with an existing contract

Requirements:
♣ 1. P has a valid contractual relationship or business expectancy
♣ 2. D has knowledge of the relationship or expectancy
♣ 3. D intentionally interferes with that relationship
♣ 4. D’s interference causes a breach or termination in P’s contract or expectancy
♣ 5. Damages

Privilege Defenses
♣ D’s conduct may be privileged when it is a proper attempt to obtain business or protect his interest

Question 5

NUISANCE

Private Nuisance

Answer 5

MEMORIZE: A substantial, unreasonable interference with another individual’s use or enjoyment of her property

♣ Substantial interference:
Must be offensive, annoying or inconvenient to the average person in the community
o Interference is not substantial if P is hypersensitive or using property for a specialized, abnormal purpose.

♣ Unreasonable interference:
Severity of P’s injuries must outweigh the utility of D’s conduct

• Damages: money damages, injunctive relief

Question 6

NUISANCE

Public Nuisance

Answer 6

o Unreasonable interference with health, safety or property rights of the community at large

♣ Recovery is only available to a private party if she suffered unique damage not suffered by the public at large.

Damages: money damages, injunctive relief