Exam 10: Misrepresentation, Nuisance, and Other Torts

To bring a claim for interference with existing contractual relations, a plaintiff must prove the defendant intentionally or negligently caused another to breach a contract with the plaintiff.

A nuisance can either be a nuisance in which the defendant interfered with a right common to the general public, or a nuisance in which the defendant interfered with the plaintiff's enjoyment of his or her land.

The "special injury" requirement makes it easier for private plaintiffs to bring nuisance claims.

To be held liable for misrepresentation, the defendant must intend to induce the plaintiff's on his or her misrepresentation.

Half-truths can be the basis of a misrepresentation claim.

A defendant may never be liable for misrepresentation for making statements that are merely beliefs.

A plaintiff can measure his or her damages using either the , in which the plaintiff asks to be put in the position he or she was in before the misrepresentation, or the , in which the plaintiff asks to be put in the position he or she would have been in had the misrepresented facts been true.

For purposes of misrepresentation, arm's-length transactions require more disclosure than transactions involving those having a fiduciary relationship.

A nuisance differs from a trespass in that a nuisance involves interference with the plaintiff's right to (enjoy or use) his or her land, while a trespass involves interference with the plaintiff 's right to of his or her land.

An individual is privileged to breach a contract for the purpose of promoting social interests.

All courts use a balancing test to determine whether the utility of the defendant's conduct outweighs the plaintiff's harm when deciding whether a defendant's conduct is unreasonable for purposes of a nuisance claim.

If a fiduciary relationship exists between the plaintiff and defendant, or if the defendant purports to have special knowledge, the plaintiff may be justified in relying on the defendant's opinion.

To be held liable for nuisance, a defendant's interference with the plaintiff 's land must be both and .

What are two things a plaintiff must prove if he or she alleges malicious prosecution?

A defendant who convinces a testator to leave the plaintiff out of his will is not liable for interference with contractual relations because no business interest is involved.

A plaintiff is not justified in relying on the defendant's opinion unless , or _.

A plaintiff can always recover for pecuniary harm but never emotional harm if the plaintiff sues for interference with contractual relations.

Nuisance claims are clearly advantageous in every respect to CERCLA claims.

A nuisance and a trespass are similar except that a trespass requires that interference with the land must be substantial.

A person who convinces the state's attorney to bring charges against another he or she knows to be innocent, can be sued for . If, however, the person uses the discovery process to induce an opposing party to settle, he or she may be sued for .