Other Torts

Question 1

Private nuisance

Answer 1

D uses his property in a way that causes a substantial unreasonable interference with the P’s use or enjoyment of his land

• Would D use of the land substantially interfere w/ an average member of the community’s use and enjoyment of his property?

Question 2

Public nuisance

Answer 2

D unreasonably interferes with the health, safety, or morals of a community —- P must suffer unique damages

Question 3

Misrepresentation

Answer 3

1. material misrepresentation by the D
2. D knew his statement was false or said it with reckless indifference to the truth
3. he had the intent to induce the misrepresentation; and
4. the plaintiff relied on it and suffered pecuniary damage

Question 4

Intentional interference with business relations

Answer 4

1. there is a valid business relationship or expectancy that existed between the parties that the D knew of
2. the D intentionally coerced one of the parties to terminate the relationship, breach a contract, or withhold business expectancy
3. the D was not authorized to interfere; and
4. the interference resulted in damages

Question 5

Negligent infliction of emotional distress

Answer 5

1. the D is negligent
2. the P suffers physical symptoms from its emotional distress; and
3. the P is either in the zone of danger OR the P witnesses a negligent injury to a person closely related to the P

** special cases where physical symptoms not required (ex. mishandled corpse, erroneous report of a relative’s death to P) **