MBE: Miscellaneous torts

Question 1

Intentional misrepresentation (fraud)

Answer 1

P must prove affirmative misrepresentation of material fact,

That D made knowing of believing if was false (scienter);

which induced P to act in reliance upon misrepresentation

Justifiable reliace

Causation

Damages

Question 2

Negligent misrepresentation

Answer 2

Misrep by D in business or professional capacity

Breach of duty toward P

Causation

Justifiable reliance

Damages

Question 3

Inducement of breach of contract

Answer 3

Existence of a valid K or valid business expectancy

D’s knowledge of relationship/expectancy

Intentional interference by D inducing breach or termination

Damages

(justification in NC)

Defense: D’s own business interest or protection of interest

Question 4

Malicious prosecution

Answer 4

Must be institution of criminal proceedings against P

Termination in P’s favor

Absence of probable cause for prior proceedings

Improper purpose and

Damages

Question 5

Abuse of process

Answer 5

Must be wrongful use of the legal process for an ulterior purpose and definite act or threat against P in order to accomplish the ulterior purpose