Economic & Judicial Torts

Question 1

What are the elements of a prima facie tort?

Answer 1

1) Intent to do harm (w/o any self interest)
2) Special (pecuniary) damages

** This is a “catch all” tort that could apply ONLY IF no other traditional tort is available

NOTE - this is a NY only tort

Question 2

What are the elements ofintentional misrepresentation (fraud)?

Answer 2

1) Misrepresentation of a material fact
2) Intent (deliberate or reckless)
3) Goal to Induce Reliance
4) Actual Justifiable Reliance (on statement of fact, or opinion where person has superior skill or information)
5) Damages

** Silence is NOT enough

** There are NO defenses to intentional misrepresentation

Question 3

What are the elements ofmalicious prosecution?

Answer 3

1) Instituted criminal or civil proceeding against π
2) π won that case
3) No probable cause
4) Improper motive

** Prosecutors are immune from liability

Question 4

NY ONLY What are the 2 elements of prima facie tort?

Answer 4

1) intent to do harm (cf. intent to do action that then causes harm) 2) π must allege/prove special (pecuniary) damages NOTE: This is a “catch all” tort that could apply ONLY IF no other traditional tort is available

Question 5

What are the elements of inducing a breach of contract/interfering with business relations?

Answer 5

1) Valid contract, not terminable at will between π and 3d party (or valid business expectancy)
2) ∆ is aware of contract
3) ∆ persuades 3d party to abandon contract

** Privilege exists where there is a special relationship between ∆ and 3d party (clergy, parent, accountant, lawyer); or if ∆ uses is a competitor or uses commercially acceptable means of persuasion

Question 6

When is inducing a breach of contract/interfering with business relations privileged?

Answer 6

Privilege exists where:

1) There is a special relationship between ∆ and 3d party (clergy, parent, accountant, lawyer)
2) ∆ is a competitor; or
3) ∆ uses commercially acceptable means of persuasion