Exam 10: Misrepresentation, Nuisance, and Other Torts

A plaintiff who is one who purchases property knowing in advance that a nuisance exists.

Proving lack of probable cause in a wrongful institution of civil proceedings case is more difficult than proving lack of probable cause in a malicious prosecution case.

What are two remedies a plaintiff can seek when alleging a private nuisance?

Give an example of a plaintiff who "comes to a nuisance."

The element requires that the injuries of a private plaintiff be "different in kind" from the injuries suffered by the general community.

If a defendant makes an opinion implying that no facts incompatible with that opinion exist (when in fact the defendant knows they do), he or she can be liable for misrepresentation.

Subpoenaing someone for the sole purpose of inducing that person to settle is grounds for an abuse of process suit.

The number of persons expected to be reached by a negligent misrepresentation must be limited.

What must the plaintiff prove the defendant knew in order to claim intentional misrepresentation?

A defendant need not actively induce a breach of contract to be held liable for interference with contractual relations.

authorizes the Environmental Protection Agency to clean up sites contaminated by toxic wastes.

A defendant can be liable for an innocent misrepresentation if the defendant makes a material misrepresentation during the course of trying to close a sale.

Plaintiffs may seek an injunction but may not recover compensatory damages if they sue for a nuisance.

Courts today treat "coming to the nuisance" as an absolute defense against a claim of nuisance.

A counterclaim brought for the sole purpose of delaying a proceeding is grounds for a wrongful institution of civil proceedings suit.

The law imposes a more demanding obligation of disclosure if there is a relationship between the parties than it does if the transaction is carried out at .