Fraud, Inducing Breach of Contract, Theft of Trade Secrets

Question 1

What are the 5 elements of fraud?

Answer 1

1. D makes factual misrepresentation to P in connection with business transaction
2. Fault/intent (must know misrepresentation)
3. Intent to induce reliance
4. Justifiable reliance
5. Damage

Question 2

Are there any affirmative defences to fraud?

Answer 2

No

Question 3

What are the 4 elements to inducing breach of contract?

Answer 3

1. Valid contract between P and third party not terminable at will
2. D knows of contract
3. D persuades third party to abandon contract
4. Third party breaches

Question 4

What is the defense to inducing a breach of contract?

Answer 4

Privilege. Lawyer, your father etc etc

Question 5

What are the two elements of theft of trade secrets?

Answer 5

Theft of trade secrets 1. P must possess valid trade secret

2. Taking of secret through improper means by D