Exam 10: Misrepresentation, Nuisance, and Other Torts

A plaintiff suing on the basis of public nuisance can recover even if the damages the plaintiff suffered are the same as those suffered by the rest of the community.

Plaintiffs are not entitled to rely on the opinions of others even if an opinion is expressed by a disinterested party.

What is fraud?

What is the difference between wrongful institution of civil proceedings and abuse of process?

Under modern law, if an architect supplies erroneous specifications to a builder, a subcontractor who relies on those specifications will not be able to sue the architect for misrepresentation because the specifications were not given to him or her personally.

What are two things a plaintiff who is alleging interference with existing contractual relations most prove?

A defendant cannot be found liable for "puffing."

In some cases, a plaintiff may be justified in relying on a defendant's statement regarding the defendant's intentions.

The courts are more likely to find misrepresentation if an undisclosed fact is a material one.

If a defendant induces another to breach a contract with the plaintiff, the plaintiff may have a claim for .

Name two circumstances in which a plaintiff is not justified in relying on the defendant's representations.

Misrepresentation arose out of the common law action of .

To recover for malicious prosecution, the plaintiff must prove only that the proceedings concluded in the plaintiff's favor, and that the proceedings were instigated without probable cause.

Historically, claims for negligent misrepresentation were not allowed.

If a plaintiff is acquitted, it can be assumed, for purposes of a malicious prosecution claim, that the defendant acted without probable cause.

The term nuisance has never been precisely defined by the courts.

Plaintiffs have no obligation to disclose the existence of latent defects.

A plaintiff can recover for misrepresentation even if the plaintiff investigated the defendant's representations and relied totally on his or her investigation in deciding to rely on those representations.

A person who makes a negligent misrepresentation is liable to anyone whom he or she reasonably expects to learn about the misrepresentation.

Actions alone may not constitute concealment.