Training: Economic Torts Flashcards
1
Q
Elements of the tort of deceit (fraudulent misrep)
A
- Misrep (untrue statement of fact that induces entry into contract)
- Deceit:
- Knowingly making false rep
- Making false rep wo belief T
- Recklessly making false rep
2
Q
Advantages of fraudulent misrep
A
- Contracts / SPAs cannot exclude liability for fraud
- Allegations of fraud can be taken more seriously
- If you establish fraud, there is an evidential presupposition of inducement
- No forseeability limitation for damages
3
Q
Inducement in misrepresentation
A
- Have to establish that misrepresentation caused the contract
- Do not have to show that misrepresentation was the only cause of the contract
4
Q
Remedy for fraudulent misrep
A
- Recission
- Tortious damages
Damages in tort aim to restore the claimant to their pre-incident position. In contract, on the other hand, the aim of a damages award is to put the innocent party in the position they would have been in had the contract been performed.
5
Q
Advice regarding which economic tort to plead
A
- Much easier to establish tort of deceit than conspiracy.
- Moreover where there is conspiracy, there is likely deceit.
6
Q
Inducing or procuring a breach of contract
A
- Requires actual knowledge and intent from inducer
- Requires the breach to be an end or a means, and not merely a forseeable consequence
- Remedies: damages + injunction
7
Q
Causing loss by unlawful means
A
Unlawful interference in the freedom of C to deal with a third party
8
Q
Conspiracy to injure
A
- Combination between two persons to take action causing damage to C.
- Conspiracy can be committed by a corporate person.
- Agreement can be tacit
- Action > facilitation
- Joint and several liability to Ds
- Lawful means: but predominant purpose must be to injure C, not to promote interest of combiners
- Unlawful means: requires that one purpose must be to injure C
