Other Miscellaneous Torts Flashcards
Intentional Misrepresentation - Elements
i.e Fraud or Deceit
- Misrepresentation of Material Fact
- Scienter - i.e. knowledge that statement is false or reckless indifference to the truth
- Intent to Induce ∏s reliance on Misrepresentation
- Justifiable Reliance by ∏
- Causation - Actual Reliance by ∏ AND
- Damages - Actual Pecuniary loss
Negligent Misrepresentation - Elements
- Misrep. in Bus. or Prof. Capacity
- Breach of Duty to ∏
- Justifiable Reliance by ∏
- Causation AND
- Damages - recovery for negligent misrep. is usually limited to pecuniary loss
Interference with Business Relationships - Elements
The tort of interference w/ K gives a COA against those who improperly interfere w/ the perf. of a K b/w another and a 3d pers.
- Valid Contract or Business Expectancy
- Knowledge by ▵ of the Bus. relationship
- Intentional Interference
- Causation AND
- Damages
What are the Misuse of Legal Procedure torts ?
these COAs protect ∏s right to not be subjected to unwanted judicial proceedings
- Malicious Prosecution
- Wrongful Civil Proceedings
- Abuse of Process
Malicious Prosecution - Elements
- ▵ Initiated Criminal Proceedings Against ∏
- Requires that the ▵ took an active role in investigating & encouraging the prosecution against the ∏
- Terminated in Favor of the ∏
- Acquittal or prosecutor’s decision not to prosecute
- No Probable Cause for ▵ to initiate the proceedings
- Improper Purpose AND
- Purpose of the ▵ was not to bring ∏ to justice, Malice is required
- Damages
Wrongful Civil Proceedings
Most juris. have extended the doctrine of malicious prosecution to cover civil cases as well
Abuse of Process - Elements
Use of various litigation devices during criminal or civil proceedings for an improper purpose - Elements of Prima Facie Case are:
- Wrongful Use of Litigation Devices for Ulterior Improper Purpose AND
- Definite Act or Threat Against ∏ to Accomplish Ulterior Improper Purpose
What are the types of economic tort actions?
- Intentional Misrep
- Negligent misrep
- Interference with contractual relations
- Interference with prospective econ. advantage
- Injurious falsehood (trade disparagement)
When is there a duty to disclose a fact?
- Fiduciary Relationship
- Ambiguous or misleading statement that causes reliance & needs clarification
- D makes assertion believeing it to be true
- Subseq. discovers that it was false or the circ. have changed
- And fails to disclose the truth or changed circ.
- D makes false assertion not intending that anyone rely on it
- Subseq. discovers that P intends to rely on it
- P reasonably expects disclosure
What is the mental state required for intentional misrep.?
- D must intend for P to rely on a statement
- D must know the statement is false or is reckless as to truth or falsity
When can a Plaintiff recover for negligent misrepresentation ?
D has no duty to avoid neg. infliction of pure econ. loss
- BUT D is liable when there is a special rel. (fid. rel.)
When can a plaintiff recover for pure economic loss in torts?
Never
- Can add in their econ. loss when there is prop. damage or other injuries
Who can sue a lawyer for legal malpractice?
- A client
- An intended beneficiary under a will
What does the claim of intentional interference with a prospective economic advantage protect?
Protects the probable expectancy interest of future contractual relations of a party
What are the elements of an injurious falsehood/trade disparagement claim?
- False Statement
- Which D knows is false or is reckless as to truth or falsity
- Made to another or published
- Causes specific econ. injury to the plaintiff
