MBE: Miscellaneous torts Flashcards Preview

NC: Torts Distinctions > MBE: Miscellaneous torts > Flashcards

Flashcards in MBE: Miscellaneous torts Deck (5)
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1
Q

Intentional misrepresentation (fraud)

A

P must prove affirmative misrepresentation of material fact,

That D made knowing of believing if was false (scienter);

which induced P to act in reliance upon misrepresentation

Justifiable reliace

Causation

Damages

2
Q

Negligent misrepresentation

A

Misrep by D in business or professional capacity

Breach of duty toward P

Causation

Justifiable reliance

Damages

3
Q

Inducement of breach of contract

A

Existence of a valid K or valid business expectancy

D’s knowledge of relationship/expectancy

Intentional interference by D inducing breach or termination

Damages

(justification in NC)

Defense: D’s own business interest or protection of interest

4
Q

Malicious prosecution

A

Must be institution of criminal proceedings against P

Termination in P’s favor

Absence of probable cause for prior proceedings

Improper purpose and

Damages

5
Q

Abuse of process

A

Must be wrongful use of the legal process for an ulterior purpose and definite act or threat against P in order to accomplish the ulterior purpose