Speech and Interference Torts and Other

Question 1

nuisance elements? private vs public

Answer 1

• Private nuisance is a substantial and unreasonable interference with Π’s use and enjoyment of possessed land by intentional, negligent, or abnormally dangerous conduct
○ Substantial: Offensive, inconvenient, or annoying to an average person in the community
○ Unreasonable: Harm (not to property value) > utility

• Public nuisance is an unreasonable interference with a health, safety, moral right common to the general public
	○ Suit typically brought by gov’t actor.  Private party can bring action if he suffered unique damage

Question 2

elements of fraudlent misrep?

Answer 2

○ Fraudulent misrepresentation:
1. False representation of material fact—generally no duty to disclose
2. scienter: knowledge or reckless disregard
3. intent or knowledge to mislead/induce, and
4. Π justifiably relied on the misrepresentation
5. damages: actual economic loss
Remedies? consequential damages no nominal damages; no damages for emotional distress

Question 3

elements of negligent misrep?

Answer 3

○ Negligent misrepresentation:
1. Material misrepresentation in course of business or fidcuiary relationship made with
2. negligent or innocent scienter, and
3. Π justifiably relied on the misrepresentation
4. damages: pecuniary damages
Remedies? reliance or consequential damages

Question 4

elements of fraudulent nondisclosure?

Answer 4

○ Fraudulent nondisclosure:
1. Silence when there was a duty to disclose a material fact, and
Π reasonably expected disclosure

Question 5

elements of malicious pros?

Answer 5

○ Malicious prosecution:
1. Institution of criminal proceedings v. Π
□ Extended to civil cases
2. without probable cause
3. without a proper purpose,
4. Π prevails on the merits, and
Π suffers damages. Abuse of process: Wrongful use of process for an ulterior purpose + act or threat against Π to accomplish purpose

Question 6

elements of interference with another’s business?

Answer 6

• Interference with contractual/business relations:

	1. Δ knew of valid K between Π and 3P + 
	2. acted with purpose of having K breached or made harder to perform 3. damages

Question 7

who and when can someone recover for loss of consortium and services?

Answer 7

Π spouse may recover against Δ for injuring Π’s spouse and depriving the benefits of the spousal relationship, including the loss of companionship, comfort, society, and sexual relations

Question 8

who and when can someone recover in a survival action?

Answer 8

Cause of action that survives the death of a party, only applicable to injury to property and person, not to personal interests (e.g., defamation, privacy, malicious prosecution) which expire upon death

Question 9

who and when can someone recover for wrongful death?

Answer 9

Actions based on wrongful death provide monetary relief for injury resulting to the spouse and next of kin (but not to creditors). Recovery is allowed to the extent that the deceased could have recovered in an action had he lived; e.g., decedent’s contributory negligence reduces wrongful death recovery in comparative negligence jx