Mbe Florida -- Torts -- Other Economic Harms

Front 1

What are the elements of Malicious Prosecution?

Back 1

-- institute criminal suit against PF (e.g., filing police report to procure PF arrest)
-- improper purpose of DF (a purpose other than justice)
-- NO probable cause
-- termination of proceedings in PF's favor (case thrown out; PF wins)
-- damages (e.g., legal fees)

Front 2

Who is exempt from Malicious Prosecution?
What is NOT Malicious Prosecution?

Back 2

-- prosecutors: even if no PC and improper purpose
-- giving the DA your full story

Front 3

Distinguish Malicious Prosecution from Abuse of Process

Back 3

Abuse of Process: use of valid legal process -- criminal or civil -- for ulterior purpose (a purpose other than intended)
e.g., use garnishment to force PF to sign a lease

Front 4

Two categories of the tort of Misrepresentation

Back 4

-- Intentional Misrepresentation (Fraud, Deceit)
-- Negligent Misrepresentation

Front 5

Elements of Intentional Misrepresentation

Back 5

-- DF makes misrepresentation
-- scienter (knowledge of falsity or made with reckless disregard of its truth or falsity)
-- intent to induce PF's reliance on the misrepresentation
-- causation (ie, actual reliance ...)
-- justifiable reliance (reliance on fact always justified; reliance on opinion usually not)
-- damages

Front 6

What is "scienter" in the tort of intentional misrepresentation?

Back 6

-- knowledge of falsity
-- made with reckless disregard of its truth or falsity
-- e.g., CEO states profits are X without having looked at P&L statements

Front 7

What qualifies as a "misrepresentation" in the intentional tort of misrepresentation?

Back 7

a material past or present fact
active concealment is actionable (e.g., used car salesman rolling back odometer)

Front 8

In the intentional tort of misrepresentation, does a person have a duty to disclose?

Back 8

generally no duty to disclose
except
-- DF stands in a fiduciary relationship with respect to PF
-- DF is selling real estate and PF is unaware & cannot reasonably discover material info
-- where DF speaks & utterances deceive PF, DF has a duty to inform PF of true facts

Front 9

What are the elements of Negligent Misrepresentation?

Back 9

-- misrepresentation made by DF in a business or professional capacity
-- breach of duty toward particular PF (e.g., duty owed ONLY to persons whose reliance contemplated)
-- causation (actual reliance)
-- justifiable reliance by PF
-- damages

Front 10

In negligent misrepresentation, when does a person owe a duty to a PF ?

Back 10

in negligent misrepresentation, you only owe duty persons whose reliance is contemplated
-- e.g., X prepares financials for Y.
-- a customer of Y relies on the financials
-- X does not have duty to Y's customer

Front 11

What are the elements of Interference with Business Relations ?

Back 11

-- existence of business relationship between PF and 3p
-- DF knowledge of business relationship (or business expectancy)
-- intentional interference that induces breach or termination of the relationship or expectancy
-- damage

Front 12

In the tort of Interference of Business Relations, what is the key difference between MBE and Florida standards?

Back 12

-- Florida: limited to existing contracts
-- MBE: existing contractual relationship OR business expectation
-- MBE e.g., DF diverts potential buyers away from PF - RE broker's property

Front 13

What is NOT interference with Business Relations ?

Back 13

-- NOT a bank collecting on a note induces debtor to pay off
-- even though debtor's payment will cause debtor to fail to satisfy obligations to other 3ps