Torts Economic - MBE

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  1. What are the economic torts?
    • (1) intentional misrepresentation
    • (2) negligent misrepresentation
    • (3) interference with K relations
    • (4) interference with prospective economic advantage
    • (5) injurious falsehood    
  2. What are the elements of intentional misrepresentation?
    • (1) intentional material misrepresentation
    • (2) of past or present fact
    • (3) made with scienter
    • (4) on which P justifiably relies  
  3. Intentional misrepresentation generally involves what?
    an affirmative assertion of fact or an act of concealment
  4. Failure to disclose isn't a basis for intentional misrepresentation unless what?
    • (1) fiduciary relationship
    • (2) ambiguous or misleading statement whic creates reliance
    • (3) D makes statement believing it to be true and discovers it wasn't
    • (4) D learns that P was relying on D's statement even though D didn't intend reliance
    • (5) P reasonably expects disclosure    
  5. Must the D intend for the P to rely to be liable for intentional misrepresentation?
  6. In intentional misrepresentation, scienter is present when what?
    D knew the statement was false or recklessly disregards the truth of falsity of it
  7. What is the general rule for negligent misrepresentation regarding economic loss?
    D as no duty to avoid the negligent infliction of pure economic loss
  8. When can a P recover for economic loss resulting from negligent misrepresentation?
    when it flows from a personal injury or property damage
  9. What is the rule for special relationships and negligent misrepresentation?
    D has a duty to avoid negligent infliction of pure economic loss when a special relationship exists b/t the parties making these recoverable
  10. When can a party who isn't in privity of K recover for negligent misrepresentation?
    when the D knows that the P is acting for the benefit of a 3P and 3P relies & suffers economic loss
  11. In what context can a non-client recover for economic loss from negligent misrepresentation in the L/C relationship?
    will drafting
  12. What are the elements for interference with K relations?
    • (1) D knows there was a K b/t the P and 3P
    • (2) D acts with purpose of having K breached or making K harder to perform 
  13. What does interference with prospective economic advantage protect?
    the probable expectancy interests of future K relations of a party
  14. P can prevail on claim of interference with prospective economic advantage only by showing that the D did what?
    • (1) knew of prospective economic advantage; and
    • (2) acted to interfere with it for improper motives 
  15. What are the elements for injurious falsehood?
    • (1) false statement
    • (2) actual malice
    • (3) published
    • (4) causing specific economic injury to P   
Card Set:
Torts Economic - MBE
2012-06-18 01:17:21
economic torts

ecomonic torts for MBE
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