Torts 6 .txt
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- 1: ∆ misrepresents fact
- 2: Make deliberately or recklessly
- 3: In order to induce reliance
- 4: π relies on misrepresentation
- 5: Economic damage
Prima Facie Tort
infliction of pecuniary
harm without justification
- 1: Intent to do harm
- 2: Resulting harm
Example—Deliberately selling products below cost to drive a rival out of business
Inducing Breach of Contract : Elements
- 1. Existence of a valid contractual relationship between π and a 3rd-party or a valid business expectancy
- 2. ∆ knows about K or business expectancy
- 3. ∆ intentionally interferes by encouraging π to breach K or terminate the expectancy
- 4. Damages (e.g., π breaches K with 3rd-party, as a result)
Inducing Breach of Contract: Who can non-breaching π sue?
The non-breaching 3rd-party can sue:
- π for breach of K, and
- ∆ for inducing the π's breach
Inducing Breach of Contract: Defenses
∆ may be relieved of liability if he/she has a special relationship with one of the contracting parties
Examples—advice from attorneys, accountants, parents, clergy
Theft of Trade Secrets
- π must possess a valid trade secret, and
- ∆ must take the secret by improper means
Trade Secret: Definition
- (1) Info that provides a business advantage
- (2) Info must be secret, not generally known AND
- (3) Owner must take reasonable steps to keep the info secret
Theft of Trade Secret: What is an "Improper Means"?
- (1) Traitorous insider–breach of confidentiality and trust.
- (2) Industrial espionage
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