Misrepresentation, Nuisance, and Other Torts (Ch. 10) Flashcards
Abuse of Process
Use of litigation devices for improper purposes
At-Will Employee
Employee who, because of the nature of his employment contract, can be discharged at any time for any reason
Deceit
Common law cause of action equated with intentional misrepresentation = fraud
fiduciary relationship
Relationship based on trust and confidence imposing an obligation to act in good faith
Latent defect
defect that is invisible or not readily dicoverable
Nuisance
Substantial and unreasonable interference with a plaintiff’s interest; includes public and private nuisance
Patent Defect
Defect that is visible or readily discoverable
What are the options for Damages in Misrepresentation cases?
- “Put back” (get what it’s worth)
- “Put in” (Benefit of the Bargain. Get what you would have gotten if the lies were true.)
Innocent Misrepresentation
Ex: store sells a product that doesn’t match the info on the box - no negligence, not intentional.
Malicious Prosecution
- Someone who attempts to get someone else in trouble by using the legal process (frame them).
- The victim must have been found NOT guilty.
- Can recover atty fees, damages, etc
Misrepresentation
A false statement of fact
What are the elements of Fraud (Intentional Misrepresentation)?
- False statement designed to induce reliance
- D knows of falsity or is reckless
- P does rely on the statement
- Damages
What are the elements for Interference with Business Relations - Existing Contractual Relationships?
- A legal contract exists
- D knows about the contract
- D actively interferes with the contract
What are 2 torts involving the misuse of the legal process?
- Malicious Prosecution
- Abuse of Process
What is the difference between a trespass and a nuisance?
Trespass - deals with the P’s right to possession of her property
Nuisance - deals with the P’s right to enjoy and use ehr property
