Misrepresentation and Interference with Business

Question 1

Intentional Misrepresentation (Fraud, Deceit)

Answer 1

to establish a prima facie case, the plaintiff must prove

1) misrepresentation of a material past or present fact;
2) scienter - when the defendant made the statement they knew or believed it was false or there was no basis for the statement;
3) intent to induce the plaintiff to act or refrain from acting in reliance upon the misrepresentation;
4) actual reliance
5) justifiable reliance
6) actual pecuniary damages

There are not defenses to intentional misrepresentation

Question 2

Negligent Misrepresentation

Answer 2

To establish a prima facie case, the plaintiff must prove

1) misrepresentation by the defendant in a business or professional capacity;
2) breach of a duty toward a particular plaintiff;
3) causation - actual reliance
4) justifiable reliance
5) damages

Question 3

Interference with Business Relations

Answer 3

To establish a prima facie case, the plaintiff must prove

1) existence of a valid contractual relationship between the plaintiff and a third party or valid business expectancy of the plaintiff;

2) the defendant’s knowledge of the relationship or expectancy;

3) intentional interference by the defendant inducing a breach or termination of the relationship or expectancy;

4) damages

Question 4

GA Tortious Interference with Business Relations

Answer 4

To establish a prima facie case, the plaintiff must prove

1) the defendant acted improperly and without privilege
2) the defendant, acting purposely and with malice with the intent to injure, induced a third party not to enter into or continue a business relationship with the plaintiff
3) such action by the defendant caused the plaintiff to suffer some financial injury

Malice - knowledge of the plaintiff’s rights and the intent to interfere with those rights

The interference must be without legal justification or excuse