business torts Flashcards

1
Q

6 other business torts

A
  1. inducing breach of contract
  2. deceit
  3. conversion
  4. passing off
  5. breach of confidentiality
  6. injurious falsehood
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2
Q

what is inducing breach of contract

A
  1. contract was breached?
  2. defendant knew about the contract + deliberately induced its breach
  3. plaintiff (party to the contract) suffered as a result.
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3
Q

what is interference with economic relations?

A

engaging in unlawful conduct to discourage customers from dealing with one’s competitor

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4
Q

what is intimidation?

A

using threat of violence or some other illegal activity to force a party to do something

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5
Q

deceit - fraudulent misrepresentation

A

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

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6
Q

what is conspiracy to injure?

A

-parties acting together and using unlawful means to injure the business interests of another

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7
Q

what is malicious prosecution?

A

plaintiff must establish that defendant initiated prosecution out of malice

  • lack of reasonable grounds supporting prosecution
  • plaintiff acquitted of the charges
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8
Q

what is passing off?

A

misleading others as to whose product/service is being offered.
passing off your product as if it were another’s.
- misleading packaging.

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9
Q

what is breach of confidentiality?

A

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
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10
Q

what is injurious falsehood

A
  • 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
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