Intentional Business Torts

Question 1

The following are elements to which tort?

The defendant:
* makes a false representation
* they know it was false
* the plaintiff relies on the defendant’s claim
* the plaintiff suffers a loss

Answer 1

Deceit (aka civil fraud)

Question 2

What are the two types of defamation?

Answer 2

Libel and slander

Question 3

The following are elements to which defamation tort?

• actionable without proving damages
• lowered the plaintiff’s reputation in the eyes of a reasonable person
• defamatory statement was published or broadcast

Answer 3

Libel

Question 4

The following are elements to which defamation tort?

• must prove the damages
• special damages can be awarded
• oral/verbal defamatory statement

Answer 4

Slander

*special damages must be proven except when the statement is about a serious crime, dangerous disease or affects someone’s profession

Question 5

The following describes which business tort?

False statements harming a person’s products, services or property that causes loss of business (not defamation)

Answer 5

Injurious falsehood

Question 6

The following describes which tort?

A statement that affects the sale or reduce the value of property

Answer 6

Slander of Title

Question 7

The following describes which tort?

Attempting to benefit from the plaintiff’s goodwill or reputation by selling goods that are confusingly similar to those of the plaintiff

Answer 7

Passing Off

Question 8

The following describes which tort?

A threat that causes the plaintiff to do something they wouldn’t have done otherwise or refrain from doing something they are otherwise entitled to do

Answer 8

Intimidation

Question 9

The following are elements to which tort?

• the plaintiff has a valid and enforceable contract with a third party
• the defendant is aware of the contract
• the defendant intended to, and did procure the breach of contract
• the plaintiff suffered damages as a result

Answer 9

Inducing Breach of Contract

Question 10

The following describes which tort?

Using a third party to harm the plaintiff

Answer 10

Unlawful Means tort

Question 11

What are the two types of conspiracy torts?

Answer 11

Predominant purpose and unlawful means

Question 12

The following describes which conspiracy tort?

Defendants act lawfully or unlawfully - liable if their main purpose was to injure the plaintiff (could be an act that is not illegal as long as the intention was to hurt)

Answer 12

predominate purpose conspiracy

Question 13

The following describes which conspiracy tort?

Defendants are liable only if they knew or should have known that injury to the plaintiff would likely cause injury, even if it wasn’t their predominant purpose

Answer 13

Unlawful means conspiracy