Economic Torts

• Intentional material misrepresentation
• Of past or present fact
• Made with scienter
• On which the plaintiff reasonably relies

• There is a fiduciary relationship
• There is an ambiguous or misleading statement that leads defendant to rely on the plaintiff
• Makes a statement thought to be truthful but doesn't disclose information once defendant learns the statement is false
• Defendant doesn't intend for plaintiff to rely on him, but later learns that plaintiff is relying on him
• Plaintiff reasonably expects disclosure

• The defendant knows of the plaintiff's reliance
• The defendant makes a false statement or recklessly disregards the truth

The defendant has no duty to avoid negligent infliction of pure economic loss, but plaintiff can recover for economic losses that flow from physical or property damages

If there is a special fiduciary relationship, such as attorney-client, the plaintiff may be liable

If the defendant knows that they are acting for the benefit for a third party and the end and the aim of there actions is to benefit third party and the third party suffers economic loss, then the third party can recover for economic loss

Tend only to let non-client's recover economic losses from will drafting

• The defendant knows that there is a contract between the plaintiff and a third party
• The defendant acts in a way that causes the contract to be breached or difficult to perform

This tort protects the probable “expectancy” interests of future contractual relations of a party

• Show that the defendant knew of the prospective of economic advantage
• Show that the defendant acted to interefere with that prospective economic advantage with improper motives

• False statement
• Actual malice/knowledge of falsity/recklessly disregarded truth or falsity
• Made to another or published
• Causing specific economic injury to the plaintiff