Misc. Torts

Question 1

Fraud (elements + brief description)

Answer 1

(1) Affirmative Misrepresentation- misled (false assertion, silence generally is not enough unless active concealment of physical)
(2) Scienter- D acted with knowledge of the falsity (subjective knowledge) - could be reckless stating, not knowing
(3) Intent to deceive- intentional part; must be material!
(4) Actual and Justifiable Reliance- note, usually justifiable to rely on opinion of one with superior skill or knowledge
(5) Causation- Ds misrepresentation played a substantial part in inducing P to act as he did
(6) Damages- pecuniary losses

Question 2

Negligent Misrepresentation (no elements, just describe)

Answer 2

Making a careless statement in a commercial transaction. Liability remains confined to plaintiff to whom statement was made. (no foreseeable third party).

Question 3

Intentional Interference with Business Relations

Answer 3

1. Inducing Breach of Contract - intentional action that causes a third person to breach an existing contract.
2. Interference with Contractual Relations - If interference makes performance more difficult, even if no breach.
3. Interference with Prospective Economic Advantage - D interferes with plaintiff’s expectation of economic benefit from third persons, even without contract.
   i. e - airport urges passengers to not use P’s taxi company. but be careful, hard to prove.

Question 4

Wrongful Institution of Legal Proceedings

Answer 4

Malicious Prosecution - crim or civil action brought against someone w/o probable cause or for improper purpose. (must terminate in P’s favor).

Abuse of Process - wrongfully using any legal process for ulterior purpose, and act or threat against P to accomplish purpose.

Question 5

Private Nuisance

Answer 5

Conduct that causes a substantial and unreasonable interference with the use and enjoyment of land.

i. e vibrations, dogs, lights, noise
- Sensitivities do not matter (reasonable standard)

Remedies, Court weighs equities of parties. (choose answer that weighs or balances.

Question 6

Public Nuisance

Answer 6

Public - Conduct that causes physical and moral harm to the public in general.

Private P, can maintain action is she suffered harm different than public at large.
ex. toxic water affects town, but source flows to Ps pond. not normal harm.