Other Torts Flashcards
What are the elements of intentional misrepresentation?
(1) material misrepresentation by D of past or present fact;
(2) that D knows or believes is false;
(3) made with the intent to induce P to rely on the misrepresentation;
(4) P actually and justifiably relies on the misrepresentation; and
(5) damages
What are the elements of negligent misrepresentation?
(1) material misrepresentation by D of a past of present fact in a business or professional setting;
(2) D knew P could rely on the representation;
(3) actual and justifiable reliance by P; and
(4) economic damages suffered by P
What is interference with a contractual relationship?
(1) P has a valid contract;
(2) D knew about the contractual relationship;
(3) D intentionally interferes with that relationship;
(4) D’s conduct causes a breach or termination of the contract; and
(5) damages
What is interference with a prospective economic advantage?
(1) P had a prospective economic advantage;
(2) D knew about the prospective economic advantage;
(3) D acted to interfere with it for improper motives; and
(4) damages
What is malicious prosecution/wrongful institution of civil proceedings?
(1) D commenced a prior criminal or civil proceeding against P;
(2) the prior proceeding terminated in P’s favor;
(3) there was no probable cause for the original proceeding;
(4) D had an improper purpose in initiating the proceedings; and
(5) damages
What is abuse of process?
(1) wrongful use of process for an ulterior purpose; and
(2) definite act or threat against P to accomplish an ulterior purpose
What is appropriation?
Use of P’s name or likeness without P’s consent for commercial purposes
What is the exception to appropriation?
Can use P’s name for news story
What is false light?
widespread publication of a falsehood or material misrepresentation about P that would be highly offensive to a reasonable person
What is intrusion into seclusion?
intrusion upon P’s private affairs in a manner that would be highly offensive to a reasonable person
What are the requirements for intrusion into seclusion?
(1) P must have a reasonable expectation of privacy;
(2) intrusion must be highly offensive
What is required for injurious falsehood?
(1) false statement;
(2) actual malice;
(3) made to another or published; and
(4) causing specific economic injury to P
