Torts 6

• 1: ∆ misrepresents fact
• 2: Make deliberately or recklessly
• 3: In order to induce reliance
• 4: π relies on misrepresentation
• 5: Damages

Intentional infliction of pecuniary harm without justification (2)

• 1: Intent to do harm
• 2: Resulting harm

Example—Deliberately selling products below cost to drive a rival out of business

• 1. Existence of a valid contractual relationship between π and a 3rd-party or a valid business expectancy
• 2. ∆ knows about K or business expectancy
• 3. ∆ intentionally interferes by encouraging π to breach K or terminate the expectancy
• 4. Damages (e.g., π breaches K with 3rd-party, as a result)

The non-breaching 3rd-party can sue:

• π for breach of K, and
• ∆ for inducing the π's breach

∆ may be relieved of liability if he/she has a special relationship with one of the contracting parties

Examples—advice from attorneys, accountants, parents, clergy

• π must possess a valid trade secret, and
• ∆ must take the secret by improper means