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Torts 6 .txt
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Fraud: Elements
1
: ∆
misrepresents
fact
2
: Make
deliberately
or
recklessly
3: In order to
induce reliance
4: π
relies
on misrepresentation
5
:
Economic
damage
Prima Facie Tort
Intentional
infliction of
pecuniary
harm without justification
1
: Intent to do harm
2
: Resulting harm
Example—Deliberately selling products below cost to drive a rival out of business
Inducing Breach of Contract : Elements
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)
Inducing Breach of Contract: Who can non-breaching π sue?
The non-breaching 3rd-party can sue:
π for breach of K, and
∆ for
inducing
the π's breach
Inducing Breach of Contract: Defenses
∆ 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
Theft of Trade Secrets
π must possess a
valid trade secret
, and
∆ must take the secret by
improper
means
Trade Secret: Definition
(1) Info that provides a business advantage
(2) Info must be secret, not generally known AND
(3) Owner must take reasonable steps to keep the info secret
Theft of Trade Secret: What is an "Improper Means"?
(1) Traitorous insider–breach of confidentiality and trust.
(2) Industrial espionage
Author
twiggy924
ID
26400
Card Set
Torts 6 .txt
Description
Economic Torts
Updated
2010-07-12T01:48:15Z
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