business torts Flashcards
6 other business torts
- inducing breach of contract
- deceit
- conversion
- passing off
- breach of confidentiality
- injurious falsehood
what is inducing breach of contract
- contract was breached?
- defendant knew about the contract + deliberately induced its breach
- plaintiff (party to the contract) suffered as a result.
what is interference with economic relations?
engaging in unlawful conduct to discourage customers from dealing with one’s competitor
what is intimidation?
using threat of violence or some other illegal activity to force a party to do something
deceit - fraudulent misrepresentation
intentional + fraudulent misleading of another, causing damage.
- statements were known to be false, stated without belief in their truth, made recklessly
= punitive damages are often awarded
what is conspiracy to injure?
-parties acting together and using unlawful means to injure the business interests of another
what is malicious prosecution?
plaintiff must establish that defendant initiated prosecution out of malice
- lack of reasonable grounds supporting prosecution
- plaintiff acquitted of the charges
what is passing off?
misleading others as to whose product/service is being offered.
passing off your product as if it were another’s.
- misleading packaging.
what is breach of confidentiality?
wrongful disclosure of confidential information.
- info MUST be
1. confidential,
2. given to someone in confidence
3. misused by person to whom it was given
what is injurious falsehood
- making statements that are untrue and unfounded about the goods or products of another
- statements would cause consumers to regard these products or services less favourably.
- damages are suffered by plaintiff