Crossover Torts

Question 1

Nuisance

Answer 1

Nontrespassory invasion of the use and enjoyment of his land causing substantial and unreasonable harm.

Utility v Risk

Can be intentional, negligent or strict liability.

Coming to nuisance is not defense, zoning may be defense

Damages - Money damages or injunction to abate

Question 2

Private Nuisance

Answer 2

Unreasonable interference with an individual’s use or enjoyment of his land.

Question 3

Public Nuisance

Answer 3

Unreasonable interference with a right common to the general public, but with an injury different from that suffered by the general public

Question 4

Misrepresentation

Answer 4

Intentional - Fraud - A misrepresentation of past or present material facts, made knowingly causing justifiable reliance causing damages. Active concealment is sufficient. Damages - Benefit of Bargain or Out of Pocket, Punitive damages allowed.

Negligent - Material representation of material fact made with a lack of due care which induces reliance. Damages limited to out of pocket damages

Question 5

Interference with Contract or Prospective Advantage

Answer 5

Words or conduct interfering with existing contract or future contract. Inducing breach of contract.

Question 6

Improper Litigation

Answer 6

Malicious Prosecution, Wrongful institution of civil proceedings, Abuse of process.