Economic Torts

Question 1

misrepresentation

Answer 1

intentional misrepresentation
-fraud, deceit 
negligent misrepresentation
elements
1. the person being sued or accused misrepresenta a past or present material fact in a business or professional setting 

2. breach of duty of care owed to a particular person that is suing
   - the person being sued knew that the person suing could rely on the misrepresentation
3. actual and justifiable reliance by the person bring the suit
4. damages-the person bringing the suit must suffer monetary loss

Question 2

intentional interefeeence with business relations

Answer 2

arises when a third party intereferes with an existing contract

elements

1. the person bringing the suit has a valid contractual relationship or business expectancy
   - includes contracts between p and a third party
2. the person being sued or accused has knowledge of the expectancy
3. the person being sued or accused intereferes wih that relationship
4. tbe person being sued or accused causes a breach ir termination in the person who is suing contract or expectancy
5. there must be Damages

privilege defenses
- the person who is being sued or accused their conduct may be privileged when it is a proper attempt to obtain busines or protect his business

ie. competing for the person who sued customers