Misrepresentation & Interference with Economic Relations Flashcards
What are the elements of Intentional Misrepresentation by Fraud or Deceit?
A prima facie case for intentional misrepresentation requires a showing of:
(1) a misrepresentation of material fact;
(2) scienter (defendant knew or believed it was false);
(3) intent to induce reliance by the plaintiff;
(4) actual reliance (causation);
(5) justifiable reliance; and
(6) damages (actual pecuniary loss).
What are the elements for Negligent Misrepresentation through Business or Professional Capacity?
A prima facie case for negligent misrepresentation requires a showing of:
(1) a misrepresentation by defendant in a business or professional capacity;
(2) a breach of a duty toward a particular plaintiff;
(3) causation;
(4) justifiable reliance; and
(5) damages.
What is Interference with Economic Relations?
Interference with economic relations is an interference that is intentional and improper or unlawful in a contract between two persons causing one of them to not perform the contract.
What are the elements for Interference with Economic Relations?
A prima facie case requires a showing of:
(1) the existence of a valid contractual relationship between the plaintiff and a third party or a valid business expectancy of plaintiff;
(2) defendant’s knowledge of the relationship or expectancy;
(3) intentional interference by defendant inducing breach or termination; and
(4) damages.
What is Concealment?
Concealment involves:
(1) a representation concerning a presently existing material fact, but omitting material facts, by which the omission makes the statement misleading
(2) scienter – that the defendant knew was misleading
(3) for the purpose of inducing the other party to act on the representation
(4) that the other party, acting reasonably or justifiably and in ignorance of the falsity of the representation, actually relied on it; and
(5) was thereby induced to act to his injury and damage
