Miscellaneous Torts

Question 1

Intentional misrepresentation (fraud, deceipt)

Answer 1

a. must show justifiable reliance and damages

duty to disclose only if

i. fiduciary relationship
ii. selling property and knows π is unaware of something
iii. has spoken and said something to deceive

b. no defenses

d. can be liable for 3P reliance
e. reliance is only justified on fact
i. opinion reliance justifiable ok if the ∆ has superior knowledge

Question 2

Interference with business relationships

Answer 2

b. an intentional interference by ∆ inducing a breach or termination of relationship bw πand 3P– only if there is a kual relationship or biz expectancy
c. must show damages

d. certain priveleges
i. if ∆ is trying to get business or protect its interests
ii. or is a competitor using legal means of persuasion
iii. or is responding to 3P solicitation of advice

Question 3

Wrongful institution of legal proceedings

Answer 3

a. must be criminal proceedings that end in the π’s favor (the π is found to be innocent)
b. absence of probable cause
c. improper purpose ( the ∆ had alterior motive)
d. damages
e. prosecutors are immune