Economic Torts

Question 1

Element of Intentional Misrepresentation (Fraud)

Answer 1

1. Intentional material misrepresentation
2. of past or present fact
3. made with scienter
4. on which plaintiff justifiably relies

Question 2

Negligent Misrepresentation:

∆ is liable for a negligent misrepresentation only to:

Answer 2

1. the person to whom the misrepresentation was made; and
2. to any other specific persons or identifiable group of persons that the defendant knew would rely upon the misrepresentation

Question 3

Elements of Inteference with Contractual Relations

Answer 3

1. Defendant knows that there is a contract between plaintiff and 3rd party
2. Defendnat acts to have that contract breached or harder to perform

Question 4

Inteference with Contractual Relations

Answer 4

Can apply to any type of contract.

The contract must:

1. Be in force and effect;
2. Be legal; and
3. Not be opposed by public policy

Question 5

Interference with Prospective Economic Advantage

Answer 5

For plaintiff to prevail, must show that ∆:

1. Knew of the prospective economic advantage
2. Acted to intefere with the prospective economic advantage for improper motives

Question 6

Injurious Falsehood

Answer 6

Plaintiff must prove:

1. a false statement;
2. ∆ knew the statement was false OR recklessly disregarded truth or falsity;
3. made to another OR published;
4. causing specific economic injury to plaintiff