Misappropriation (Fraud) and Business Torts Flashcards
(8 cards)
1
Q
Intentional Misappropriation: Other Name
A
Fraud
2
Q
Fraud: Definition
A
- False Representation of a material Fact
- Scienter: D knew falsity and had reckless disregard
-Intent: D intends to get P to rely on misrepresentation
-Causation: Misrepresentation caused P to act/refrain from acting
-Reliance: it was justifiable, misrepresentation was not obvious
-Damages: actual loss, no nominal
3
Q
Negligent misrepresentation: Definition
A
- D gave info to P
- D was negligent in preparing info
-During course of business/profession
-the info caused P justifiable reliance and loss
- the P is in a contractual relationship with the D (or is a third party to a group the D provides info to
-Damages= Reliance +Consequential
4
Q
Business Torts: Intentional Interference with Contract
A
- Contract between D and third party
- D knew of this
- D intentionally interfered with contract resulting in breach
- Breach caused damage to P
5
Q
Business Torts: Interference with prospective economic advantage
A
- P and third party were discussing business
- D knew this
- Intentionally interfered with the relationship
- P suffered damages as a result
6
Q
Business Torts: Trade Secrets
A
- P had a trade secret not known
- P took steps to protect it
- D acquired toe secret by improper means
7
Q
Business Torts: trade libel/Slander
A
Publication of false statements with malice causing injury to P’s business
8
Q
A
