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11 Cards in this Set

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  • Back
Intentional Misrepresentation elements:
1. D knowingly made false statement.
2. D intended P rely on statement.
3. P relied on statement
4. P suffered damages.
5. Statement was a substantial factor of harm.
Negligent Misrepresentation elements:
1. D made a false statement with no reasonable grounds to believe the statement.
2. D intended P rely on statement.
3. P relied on statement.
4. P was harmed.
5. D's statement was a substantial factor in causing harm.
Concealment elements:
1. D & P in a business relationship and D intentionally failed to disclose a important fact.
OR
1. D disclosed some facts but intentionally failed to disclose others to mislead.
OR
1. D intentionally failed to disclose facts that P could not have discovered.
OR
1. D actively concealed facts from P.

2. P did not know concealed fact.
3. D intended to decieve P.
4. P relied on deception.
5. P was harmed.
6. Deception was a sub. fact. in causing harm.
False Promise elements:
1. D made a promise to P
2. promise was important to transaction
3. D did not intend to keep promise.
4. D intended P rely on promise.
5. P did rely on promise
6. D did not perform promised act.
7. P was harmed.
8. P reliance on promise was a sub. factor of causing harm.
Four fraud torts:
1. Intentional misrepresentation.
2. Negligent Misrepresentation
3. Conealment.
4. False Promise.
What are the causes of action for a misuse of legal procedure?
1. Malicious criminal prosecution
2. Malicious Civil Prosecution
3. Abuse of process
Malicious Criminal Prosecution elements:
1. D was actively involved in causing P to be prosecuted.
2. Criminal proceeding ended in P's favor
3. D did not reasonably believe there was a cause to prosecute
4. D acted for reason other than justice
5. P harmed
6. D was a substantial factor in causing harm
Malicious Civil Prosecution elements:
1. D actively involved in lawsuit
2. Lawsuit ended in P's favor
3. D did not reasonably believe there were grounds for lawsuit.
4. D acted for purpose other than purpose of lawsuit.
5. P harmed
6. D was a substantial factor in causing the harm
Abuse of Process elements:
1. D used a legal process for purpose other than designed
2. P was harmed
3. D was a subst. factor in causing harm.
Public Nuisance elements:
1. D created a condition either:
A. harmful to health
B. indecent or offensive
C. Obstruction to free use and enjoyment of property.
D. Unlawfully obstructed use to a public place
2. condition affected a substantial # of people.
3. Ordinary person would be annoyed
4. Seriousness of harm outwieghs social utility
5. P did not consent
6. P suffered harm different than general public
7. D's conduct substantial factor of causing harm
Private Nuisance elements:
1. P owned/leased/occupied/controlled property
2. D created a condition either:
A. harmful to health
B. indecent or offensive
C. Obstruction to free use and enjoyment of property.
D. Unlawfully obstructed use to a public place
3. Condition interfered with P's use of his land
4. P did not consent
5. Ordinary person would be annoyed
6. P harmed
7. D's conduct subst. factor
8. Seriousness of harm outwieghs public utility.